Journal of Human Rights Periodical Issued by the Human Rights

Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Family dispersal The illegal and unjust blockade that has been imposed on the State of Qatar by some countries in the region since 5 June is a blatant violation of the provisions of international law governing relations between States, in accordance with the Charter of the United Nations, human rights conventions and all humanitarian laws and values. The effects of the illegal measures taken by the countries of the blockade were not restricted to the political dispute between States, but violated many of the fundamental human rights and freedoms set forth in human rights conventions and covenants, in particular the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of Children, the Arab Charter for Human Rights and the Declaration of Human Rights of the Gulf Cooperation Council. In the forefront of these violations was the severing of the blood-relative links, as well as the disintegration and fragmenting of the entity of the one Gulf family, in violation of Article 16/3 of the Universal Declaration of Human Rights, and the right to work for citizens of the countries of the blockade who work in the State of Qatar who were forced to return to their countries. The blockade also violates the right to private property of Qataris in the countries of blockade and citizens of these countries in Qatar; and the right to freedom of practicing religious rites. It is so much regrettable that the countries of the blockade, in persisting on their violations of human rights, have deprived many Qatari students of their right to continue their education in universities after being expelled from them. These countries also forced the students to leave and deprived them to continue their studies, even for one month before graduation. The students were denied the refund of the fees they had already paid, and were prevented to get their academic documents to complete their studies in other universities. 706 students studying at the University of Qatar were forced to return to their countries (Saudi Arabia, UAE, and Bahrain) without completing their studies, after receiving an ultimatum of 14 days from the date of the decision to impose the blockade and sever relations. The expulsion of students without legal justification and forcing them to leave Qatar and preventing them to complete their studies violate the right to education enshrined in the Universal Declaration of Human Rights in Article 26, the International Covenant on Economic, Social and Cultural Rights in Article 13 as well as Article 14 of the Arab Charter of Human Rights and Article (23) of the Human Rights Declaration of the Gulf Cooperation Council. There is no doubt that the illegal measures taken by the countries of the blockade establish the legal responsibility of these States. Thus, the international community should activate its international mechanisms to held accountable these States for their illegal actions and compensate those affected, in order to ultimately promote and protect human rights. In the context of the role played by the National Human Rights Committee since the beginning of the blockade, this edition of ‘Al-Saheefa” magazine comes to shed light on the implications of the blockade, in a flagrant violation of all human rights conventions.

Maryam bint Abdullah Al-Attiyah Chief Editor

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar AL SAHEEFA

Half Annual Magazine contents Issued by National Human Rights Committee Issue (25) January 2018 ...... Editor in Chief ...... 1 Maryam Abdullah Al-Attiyah

Managing Editor ...... Johara Mohammed Al-Thani ...... 2 Preparation & Editing Abdulrahman S. Al-Hamadi ...... Counselor / Aly Moharram ...... 3 Heba El-Shennawy Diyaa Abbas ...... 4 Layout & Design ......

...... 5 HOTLINE +974 666 2 666 3 ...... CONTACTS ...... 6 Editor - Al Saheefa Magazine P.O. Box 24204 Doha - Qatar ...... 7 +974 4444 4013 +974 4404 8844 ...... 8

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and statistics of the Committee after its effects. He also stressed that the Rapporteur on freedom of religion or Tour of Europe and America 100 days of the blockade on the State actions taken by these countries in belief to visit Qatar and meet those of Qatar. relation to resolving the crisis are affected. He stressed the need not (Geneva - Washington - New York) just a pebble in the eyes. Dr. Al-Marri to politicize this duty, which does not Un Mission To Doha called on the Qatari government to need any intercession or grant from make more moves with international anyone. organizations to redress the victims, pointing out that the Saudi authorities Unknown Perpetrators forced Qataris wishing to enter Saudi Attacked A Qatari Citizen! Arabia to pursue their interests to sign a document stating that they are pilgrims and prevent them from returning before the end of the pilgrimage season; while no resident in the State of Qatar was allowed to perform Hajj this year. Geneva: 11-19 September 2017 He also met with some special reunification and practicing religious During his tour in Geneva, Dr. Al- rapporteurs, including mr. Edriss rites. He reviewed the efforts of the The president of the National Human During his second european tour Marri held a press conference on With reference to the situation of al-jazairi, special rapporteur on Committee and its diligent efforts to Rights Committee in Qatar issued since the beginning of the blockade the sidelines of the meetings of the the Qatari national, Hamad Al-Marri, the effects of unilateral coercive uncover these violations according several calls pointing out the need on qatar, dr. Ali al-marri, president Human Rights Council at its 36th the president of the National Human measures, in addition to some heads to its powers and competences, and to address the violations resulting of the qatari national human session, where he called on the Rights Committee confirmed that of diplomatic missions at the united addressed the competent international from the blockade. He called on the rights committee (nhrc) and his UN High Commissioner for Human the Committee had followed up this nations and a number of international and regional organizations to remove concerned international organizations accompanying delegation headed Rights to dispatch a technical mission case and communicated with the organizations. The meetings came these violations. He further called for to intensify the efforts, take urgent to the swiss capital, geneva, where to visit Qatar and the countries of the competent authorities which stated as part of the review of the effects of intensified and concerted efforts to action and apply for entry to the the committee had participated in the blockade to investigate violations, that Hamad Al-Marri is a security man the blockade on qatar and its human lift those violations that are causing countries of the blockade to monitor meetings of the human rights council meet the separated families and the who has traveled to Saudi Arabia rights implications. suffering to the people of Qatar, the violations of the dispersed families at its thirty-sixth session, in the period students who were expelled from without taking permission from his peoples of the Arab Gulf region, and and investigate the universities that from 11 to 28 september 2017. The Addressing the suffering of their universities and the Qataris who employer. He was interrogated and residents of other nationalities as expelled the Qatari students. He participation of the committee comes the victims of the blockade to lost their property in the blockading referred to a disciplinary committee well. also demanded investigation into in accordance with its accreditation the Human Rights Council countries. He also called on the UN in accordance with established the loss of property of Qatari citizens under (a) status that allows the There Should Be No Deviation Special Rapporteur on unilateral procedures. Al Marri the Qatari During his meetings with the Human in the countries of the blockade. Al national human rights institutions to From The Humanitarian Track coercive sanctions, the Special citizen was attacked by unknown Rights Council, Dr. Al-Marri discussed Marri called on Saudi Arabia to allow take part in such meetings. Rapporteur on Education and the perpetrators in Saudi Arabia borders all human rights violations against Dr. Al-Marri presented the latest international organizations and the Special Rapporteur on Freedom of on 5 September 2017, but then Dr. Al-marri held a series of meetings the people of Qatar as a result detailed statistics of all violations as Special Rapporteur on freedom of Religion and Belief in the United returned to Qatar on September 6. Al with a number of key international of the blockade, which affect the per the complaints received by the religion or belief to enter its territories Nations Human Rights Council Marri explained that the insult to the figures and officials, where he met fundamental human rights principles National Human Rights Committee to carry out field investigations on the to conduct an investigation into citizen had resulted from the “speech with mr. Joaquín martelli, president of and all relevant international laws from those affected. He stressed that obstacles placed in the face of the violations against Qatari nationals of hatred and incitement spread by the human rights council; hrh prince and conventions. He called for the Committee will not hesitate to pilgrims of the State of Qatar, stressing and residents of Qatar, as well as the media in the countries of the zaid bin raad, high commissioner for informing the members of the Council continue to work to lift the injustice that the Saudi authorities have put the citizens of the countries of the blockade against Qatar and Qataris.” human rights; mr. Vladlen stefanov, of the extent of suffering of victims, and demand the restoration of their obstacles and difficulties to prevent blockade. chief of national human rights especially students and dispersed rights documented in the reports of Qatari pilgrims from performing Hajj. On the allegations by the countries institutions and regional mechanisms; families. He also called on the the Committee. Dr. Al-Marri pointed Dr. Al-Marri demanded the Saudi, UAE He further demanded Saudi Arabia of the blockade that there are no ms. Beatriz chamorro, chairperson of Council to shoulder its responsibility out that, since the beginning the and Bahraini authorities to release to facilitate procedures of Hajj in violations or blockade, Dr. Al-Marri the commission’s special procedures; to redress the victims. blockade, the NHRC has not and will citizens who expressed their views on accordance with the provisions of the stressed the independence of the mr. Walid dodash, coordinator of the not deviate from the humanitarian Islamic Sharia, and in accordance with Dr. Al-Marri stressed that the their rejection of the blockade imposed National Committee as a national african group at the council ; and track, which seeks to expose the international laws and conventions National Human Rights Committee on Qatar and the need to allow institution, adding that its accreditation ms. Katharina rose of the office of practices of the countries of the that guarantee rights, stressing that is still receiving and reporting more international organizations to meet under (A) status by the sub-committee the global alliance of national human blockade in all international forums. the Kingdom did not allow any Qatari violations committed by the countries with them, calling on the countries of on Accreditation of the Global Alliance rights institutions, as well as the During his meetings, the president citizen or a Muslim resident in Qatar of the blockade, especially those the blockade to lift the illegal blockade for National Human Rights Institutions permanent commissioner of france in of the NHRC handed over to the to perform the duty of Hajj this year. In related to health and education, family on the State of Qatar and address (GANHRI). He noted that the sub- geneva. international officials the latest reports this context, he called on the Special

Committee on Accreditation had measures practiced by several States States that have taken such arbitrary Bilirakis and Mr. Trent Franks, US previously rejected a complaint by the Compensation Committee Under The against the State of Qatar affect a measures against them all without Congressional Representatives, countries of the blockade requesting General Assembly very broad list of human rights laws, exception, and therefore subjected and House Representatives Mike the withdrawal of (A) status from including the right to residence, work, them to heavy losses. This situation Capuano, Stephen F. Lynch, David the National Committee, and such health, mobility, family reunification, caused more than 1050 of those Cisilline and Ms. Nita Lowey. rejection was because the NHRC property, education and others. affected to submit complaints to the is an independent institution whose The Committee called upon the National Human Rights Committee, New York role is to protect and promote human Human Rights Council to assume which in turn documented and In New York, Dr. Al-Marri called on rights in accordance with the Paris its responsibility in this context, in published that in its reports, in addition “Human Rights First” to support the Principles. Dr. Al-Marri considered the accordance with General Assembly to the mechanisms and methodology international efforts of human rights move as a fair redress to the victims’ resolution 60/251, which states: used to document and assess the organizations, with the aim to put rights and a certificate confirming “the Council shall be responsible for negative effects of these violations. more pressure on the countries of the independence of the NHRC. He promoting universal respect for the New York, Washington Tour the blockade to lift the injustice off the pointed out that the Accreditation protection of all human rights and victims and redress them. Committee encouraged the National fundamental freedoms for all, without 19-23 September, 2017 Human Rights Committee to continue discrimination of any kind and in a fair to play its role and efforts in reporting and equal manner.” It also called on humanitarian violations. He also The National Human Rights Committee noted that these efforts the Human Rights Council to activate noted that the National Committee Committee had participated in two are reflected in the last report of the existing or proposed international trusts international mechanisms to comments on the report of Mr. Edriss Special Rapporteur, where the report mechanisms to redress the harm address such violations to protect Al-Jazairi, the Special Rapporteur included mechanisms for effective caused by those coercive measures. victims and those affected. on the effects of unilateral coercive remedies for victims of unilateral In its second comment, the Committee Dr. Al-Marri added that the Committee measures, submitted at the 36th coercive measures, as well as emphasized what was contained does not act alone when monitoring session of the Human Rights proposals for the establishment of a in the Special Rapporteur’s reports and documenting the violations Council. The Committee suggested United Nations register of unilateral to the General Assembly and to the of the blockade. In this regard, he that consideration should be given actions and a declaration on unilateral Human Rights Council that unilateral referred to the statement of the to the possibility of establishing a coercive measures. coercive measures include, but are compensation committee within the High Commissioner for Human The National Human Rights not limited to, economic and political framework of the United Nations Rights addressed to the State of Committee confirmed its full measures imposed by States or In the same tour, the delegation of the Dr. Al-Marri handed over to the General Assembly whose resolutions Qatar in June, stressing that what is agreement with the proposals and groups of States to compel another National Human Rights Committee Director-General of the Organization, would be authoritative by the happening because of the blockade recommendations contained in the State to be subordinate to them in the headed by Dr. Al-Marri went to the Mr. Neil Hicks, a detailed report on international community, noting that is considered a flagrant violation of report, considering unilateral coercive exercise of their sovereign rights with United States, where the Chairman the effects and implications of the the conditions referred to in the report human rights as per the statement measures a flagrant violation of human the aim of bringing about a specific made extensive moves in New inhuman blockade imposed by the of the Special Rapporteur on the of the Special Rapporteur on the rights conventions, because they change in its public policy. The York and Washington, including Kingdom of Saudi Arabia, the United negative effects of unilateral coercive freedom of opinion and expression, a directly affect the individuals, groups Committee further said that these visits to organizations, universities Arab Emirates and the Kingdom measures for the establishment number of international organizations, comprehensive measures aimed at and dignitaries. He met with Mr. of Bahrain on the people of Qatar of specialized committees to ambassadors from the Human Rights the economic and financial systems Neil Hicks, Director-General of the and citizens of the GCC States for compensate victims of coercive Council Advisory Committee, a of a country as a whole tend to be American “Human Rights First,” more than 100 days of the unjust measures includes strict procedural mission from the European Union, indiscriminate and thereby adversely the Director of “PEN America,” Mr. blockade. He also called on the rules that can only be guaranteed by Amnesty International, Human Rights affect the human rights of the poorest Craig Mokhiber, Office of the High Organization to join international broadening decision-making power. Watch, and others. All of these bodies and most vulnerable sectors of the Commissioner of Human Rights in efforts and organizations of human assertied that what is happening as a The NHRC, in the meantime, target country. New York, and the Assistant Deputy rights that hastened to confirm their result of the illegal blockade of Qatar Secretary-General for Human Rights support to the National Human Rights welcomed the recommendations and The NHRC explained that it has is blatant and flagrant violations of of the United Nations. Dr. Al-Marri also Committee in Qatar in calling for the proposals contained in the report for observed widespread violations of the human rights. presented two panels at the Harvard immediate lifting of the blockade and the mechanisms of redress for the and the political, civil, economic, right to private property as a result of and Tufts Universities in Boston, and addressing its repercussions. He stressed that what is happening victims of coercive measures, and social and cultural rights, adding that unilateral measures against citizens appreciated the significant efforts the punishment of peoples cannot be met at the US Congress with Tom is not just a boycott as claimed by the of Qatar that prevented them from During his meeting with Mr. James made by the Special Rapporteur accepted under any pretext. Lantos Human Rights Commission countries of the blockade, but is an traveling or access to or dispose of Tager, the Senior Program Manager since taking office in May 2015 to of the US Congress, in addition to illegal blockade, confirmed by experts In the same context, the Committee their property, companies, accounts for PEN America’s Free Expression date. In its first feedback, the National separate meetings with Mr. Gus M. of the UN Human Rights Council. stressed that unilateral coercive and investments or disposed of in Programs in New York, Dr. Ali Al-Marri

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Movements Of The Blockade Crisis (second round Geneva - America) gave a brief on the various illegal institutions, in addition to the practices and violations of human United Nations, the UNESCO, the A Global Student Washington: Congress Has A Strong Will To Put The File Of rights that have been implicated OSCE, international dignitaries and Voice To Defend violations of the countries of the by the countries of the blockade, international experts. The Victims Of The blockade on the table including the violation of the right to In the same context, Dr. Al-Marri met freedom of opinion and expression Blockade In Washington, Dr. Al-Marri met with and the threat to Qatari journalists the chairman of the Tom Lantos and residents in Qatar, in addition to Human Rights Commission in the US journalists from the countries of the Congress, Mr. James P. McGovern, blockade who are working for Qatari asking him to take urgent measures media institutions, such as Al Jazeera to lift the blockade, to hold the three Satellite Channel and others. Al Marri countries accountable for human briefed the Director of PEN America on rights violations and to include the documented human rights violations countries of the blockading countries involving 103 journalists who were (Saudi Arabia, UAE and Bahrain) on subjected to severe pressure and the black list of countries involved in perpetrators of violations against American institutions, dignitaries harassment. violating the international charters, in individuals and entities. and human rights organizations to In his first meeting with students, addition to the need to expose their lift the blockade and their solidarity with Mr. Craig Mokhiber, head of the During separate meetings with US academics and researchers at think human rights violations in the annual with the humanitarian tragedy of Office of the High Commissioner congressmen, Dr. Al-Marri called for tanks from American universities more reports of the US State Department, the affected people. He called on for Human Rights in New York and immediate action to end the tragedy than 110 days after the start of the due to the serious damage caused the two members of the congress to Deputy Assistant Secretary-General of citizens and residents of Qatar and blockade on Qatar, Dr. Al Marri gave by the blockade imposed on Qatar for intensify efforts and expedite action for Human Rights, where he renewed citizens of the three Gulf states (Saudi a seminar at Harvard University on more than three months. to take firmer positions and decisions the call for a visit of an international Arabia, UAE and Bahrain), while the violations of the right to education in order to pressure the countries technical mission to Qatar and the by the countries of blockade. He also Al Marri also called on the members stressing the need for members of of the blockade and force them to countries of the blockade in the near met with Ms. Sushma Raman, the of the Human Rights Committees and Congress to assume their ethical and respond to the international calls to future to examine the grave human Executive Director of The Carr Center the Foreign Relations Committee of legal responsibilities to condemn and immediately and unconditionally stop rights violations caused by Saudi for Human Rights - Harvard Kennedy the US Congress to visit Doha in the stop the violations of the countries the inhuman blockade. Arabia, the United Arab Emirates School and Ms. Hilary Rantisi, near future to hold hearings with those of the blockade, and to take the and Bahrain against citizens and Director of Middle East Initiative, affected by the blockade. He also necessary action. Thereof. In the same context, Dr. Al-Marri met “PEN America” Center residents of Qatar, and citizens of the Harvard University. called for the inclusion of the issue of with MPs Mike Capuano, Stephen three Gulf states. banning Qatari pilgrims in the report In his meeting with Mr. Gus M. Dr. Al-Marri called on the international At the invitation of Tufts University F. Lynch, David Cisilline and Ms. of violations of religious freedoms Bilirakis and Mr. Trent Franks, US “PEN America” Center to provide more The meeting also addressed the in Boston, as part of his series of Nita Lowey at the US Congress. He under Frank Wolf’s law, and to take Congressional Representatives, support and to continue its activities position of the High Commissioner meetings with human rights figures stressed that during his meetings he the necessary measures against the Al Marri thoroughly spoke about with American and international for Human Rights on the Gulf crisis and organizations in the United had felt a strong will to bring the file blockading states in accordance with the impact of the blockade on the organizations and media to expose and the international human rights States, Dr. Al-Marri held a seminar of the blockading countries’ human for students and academics in Middle the Universal Law of Human Rights, humanitarian situation of civilians violations against journalists, media mechanisms in the face of human rights violations to the table at the US Eastern and North African studies, which deals with the punishment of in Qatar, and praised the efforts of and all Qatari citizens, and to intensify rights violations resulting from the Congress. where he called for the establishment international efforts to prevent the blockade. He further called for the of a “global student voice” to defend recurrence of such violations of urgent need to work to facilitate the the victims of the blockade in Qatar human rights in the future. visits of the Special Rapporteur on and the Gulf Cooperation Council unilateral coercive measures, the countries. He pointed out that the For his part, Mr. James Tager Special Rapporteur on freedom of National Human Rights Committee lauded Qatar’s National Human opinion and expression and the has repeatedly called on the countries Rights Committee for organizing the Special Rapporteur on freedom of the blockade to neutralize students International Conference on protecting of religion or belief, to tackle the from the crisis, not to make them “Freedom of Expression: Facing up repercussions of the blockade on the vulnerable to any political friction, to the Threat,” during the period 25- State of Qatar and the countries of and to observe the right to education, 24 May, in which participated more the blockade at the same time. as one of the most fundamental than 200 international organizations, rights provided for in international media organizations and journalist covenants.

ditionally. zens in the GCC countries because posed sentences ranging from 5 to Third tour in Europe to expose the violations of of the blockade, in light of the defeat- 15 years imprisonment, and fines as Intensive meetings with opin- ist attitude of some countries and or- well as the withdrawal or non-renewal the blockading countries ion leaders and decision- ganizations, and the silence of oth- of passports, which is a violation of makers: ers; which encouraged the countries the right to opinion and expression In his meeting with Ms. Adela Diaz of the blockade States to continue to guaranteed under human rights laws Bernardez, Director of the Human procrastinate; and their indifference and international covenants. “ Rights Office of the Spanish Ministry to the serious humanitarian tragedies Al Marri also inaugurated the ninth of Foreign Affairs, Dr. Ali bin Smeikh they are causing. edition of the exhibition entitled “Ar- Al-Marri called on the Spanish gov- In his meeting with journalists from the abic Calligraphy on Human Rights ernment to put more pressure on the Spanish media in Madrid, he praised in Islamic Culture” and delivered a governments of Saudi Arabia, the Spain’s history and its balance in the speech in which he said: “ The Na- UAE, Bahrain and Egypt to compel defense of rights and freedoms, call- tional Human Rights Committee them to comply with the calls of the ing on the Spanish authorities to sup- holds this exhibition at a time when international community for the need port the State of Qatar to stop the un- the State of Qatar is being subjected to lift the unjust and illegal blockade just blockade imposed on the citizens to an unjust blockade that violates all which is imposed on citizens and res- and residents of the country, and the human rights instruments and princi- idents of Qatar. citizens and residents of the countries ples and has caused several human A bet on getting support from of the blockade themselves. rights violations, most notably those Spanish MPs: affecting the right to family reunifica- Dr. Ali bin Smaikh Al-Marri, president At the start of his European tour, tatives of international human rights An international consensus tion, including children, persons with of the National Human Rights Com- which began in the Spanish capital, organizations. Dr. Al-Marri held a meeting with Ms. against the blockade disabilities and the elderly, where mittee in Qatar, went on tour to Eu- Madrid, Dr. Ali bin Smaikh al-Marri Pilar Rojo Noguera, Chairperson of children are deprived of their moth- Dr. Al-Marri commended the under- Dr. Al-Marri noted that “Qatar is not rope that included Spain, Britain and called on the Spanish government to the Foreign Affairs Committee of the ers and fathers. The arbitrary actions standing of the Spanish government alone; there is an international con- France, during which he met with a urge the countries of the blockade to Spanish House of Representatives, officials and the keenness of the number of politicians, MPs, human put an end to their gross violations and a similar meeting with Mr. Man- Spanish parliamentarians, Spanish rights figures, officials of interna- of human rights; calling on the same uel Guillermo Altava, Chairman of the human rights and media organiza- tional organizations and a number of time the House of Representatives Spanish Senate Justice Commission. tions, and their willingness to urge the journalists and opinion leaders. Dur- and the Senate in Spain to send a countries of the blockade; in parallel Al-Marri called on the members of ing the tour, he called for an end to parliamentary mission to Qatar to with urging the Spanish government the House of Representatives and the serious violations caused by the identify violations of the countries of to give the blockade crisis priority in the Senate to send a parliamentary blockade since June 5th, 2017. the blockade States; and to hold a mission to Doha to identify the seri- special hearing in the Spanish Par- its official meetings and diplomatic ous violations of human rights, and Madrid, Spain liament, in the presence of represen- relations with those countries, to lift the blockade immediately and uncon- to hold face-to-face meetings with those affected, as done by members of the British Parliament and the US Congress, as well as representatives of several international human rights and decisions that have been taken organizations. sensus by states and organizations against the unjust blockade; they also prevented hundreds of students Inviting human rights organi- have shown close cooperation to put from completing their studies in fla- zations to visit Qatar: an end to the abuses; that is what we grant violation of the right to educa- have seen in our meetings with offi- tion. The blockade also caused the Dr. Ali Bin Smeikh Al-Marri called cials and organizations.” loss and death of hundreds of camels upon all human rights organizations and livestock, and denial of the use without exception to visit Qatar to Dr. Al-Marri added, “The countries of and disposition of private property, in find out the truth of the violations the blockade were forced to impose a gross violation to the right to private caused by the blockade and to refute strict laws and penalties on their citi- property.” the slander and lies promoted by the zens who dare to criticize the unfair countries of the blockade. He pointed decisions against the State of Qatar, He added that “Islam was keen to out the suffering of thousands of citi- or just sympathize with it. They im- preserve human rights and called

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Movements Of The Blockade Crisis (The Third European Round) for the respect for human dignity and international position to force those tragedies, not least of which is the Al Marri concluded by saying, “Apart freedom. Its eminent message is to countries to immediately respond to denial of entire families from reunion from the serious dimensions that the establish the principles of justice and the international consensus that the and the disbanding of Gulf families current crisis may take and the time equality among all human beings, blockade should be lifted immediate- due to unjust decisions period to resolve it, it is certain that prevent injustice, tyranny, racism and ly, regardless of political differences. the blockade imposed by four Gulf- Dr. Al-Marri added, “We have re- oppression and promote peace and Arab states against a neighboring This came during intensive meetings ceived more than 4,000 complaints in coexistence between different reli- Gulf country will remain a black point held by Dr. Ali Al-Marri in the visit to the National Human Rights Commit- gions, sects, races and races. Thus, in the history of the GCC countries the British capital London, where he tee so far, and we have documented religious and ethnic minorities lived and in the history of relations be- met with members of the House of in the Islamic state for more than 14 tween countries. “ Commons; Tom Brake of the Liberal centuries, safely and freely in their Democrats Party; Head of Parlia- Al Marri also announced that a UN places of worship. Islam promotes since the beginning of the Gulf crisis. national and regional platforms, and mentary Group and spokesperson mission will visit Doha from 18 to 23 fine art and good taste, as witnessed by all peaceful and legal means proof the Party; Chris Williams, MP and November 2017 to investigate the He also held a series of intensive by the impressive Islamic art and vided for in international instruments Shadow Minister for Civil defense humanitarian impact and violations meetings with Lester Carr Michael heritage, and also preserved the heri- to lift this injustice on the Gulf people and Emergency; Baroness Manzila caused by the blockade, in parallel of the Liberal Democrats, MP Martyn tage of the past civilizations in every and Gulf citizens.” Pola Uddin; Lord of Labour Party; with other forthcoming visits of inter- Day of the Scottish National Party, country, believing that the cultural and Baron Norman Reginald Warner of national parliamentary delegations Nicole Pinci, coordinator of the Joint He also stressed that “the world must civilizational diversity is an advantage the Labour Party; in addition to Rich- and human rights organizations to Parliamentary Committee on Human be aware that there is no neutrality and a legacy for humanity that should ard Jones, Head of Human Rights Doha in the coming days to report to Rights in Parliament, and MP David when it comes to violations of human not be destroyed.” and Democracy of the Foreign and countries and world parliaments on Wayne, Shadow Minister for Defense rights,” noting that “the silence of London, England Commonwealth Office. He also met the extent of suffering of the peoples and Procurement at the British Minis- some influential governments make Mr. Salil Shetti, Secretary-General of the GCC States as a result of uni- try of Defense; and another meeting the siege countries continue viola- On his visit to London, where he met of Amnesty International, and dis- thousands of cases of human rights lateral coercive measures taken by with MP Graham Morris, head of the tions and prolong the humanitarian with members of the House of Com- cussed with him the repercussions of violations. The serious thing is that the States of the blockade, in flagrant British parliamentary delegation, who crisis.” mons, the Lords of the British Par- the blockade on Qatar. there are thousands of victims from violation of all international instru- visited Doha in September and met liament, the Shadow Government Al Marri declared to the Parliament the blockade countries suffering in si- ments and human rights law. with a number of people affected by Minister and officials of the Foreign Members that a mission from the Silence of some governments lence because of grave psychological the blockade and documented cases UN High Commissioner for Human and persistence of the block- damages, but they are under threat Dr. Ali Al-Marri addressed statements of human rights violations in a final ade countries of harsh prison sentences, fines and to deputies of the House of Com- report to parliamentarians and the in- mons and House of Lords, in a hear- The President of the National Human the withdrawal or non-renewal of ternational media. Dr. Ali bin Smaikh ing hosted by the Scottish National Rights Committee noted that the si- passports, in case they dare to sub- handed the deputies to the parliament Party MP Tommy Schipper of the lence of some governments encour- mit complaints or criticize unfair deci- copies of four reports, document- Scottish Committee in the British Par- aged the countries of the blockade sions taken against the State of Qa- ing the violations that have occurred liament. The session was attended States to continue their aggression tar.“ since the beginning of the blockade by members the House of Commons and prolong the duration of the crisis, against students, pilgrims, residents Al Marri stressed the need to give and House of Lords. The hearing was which has caused escalating human and international organizations. the tragedies of those affected by devoted to a comprehensive report the blockade the highest priority in on the effects of the unjust inhuman No neutrality with human the discussions of the British parlia- blockade that has been imposed on rights violations ment and government on the Gulf Dr. Al-Marri addressed the MPs by crisis, saying: “Regardless of the saying: “the National Human Rights Ministry, Dr. Ali Bin Smaikh Al Marri, political differences that caused the Committee (NHRC) considering with President of the National Human current Gulf crisis, the governments some organizations the possibility of Rights Committee, warned of the per- and parliaments of the world have to establishing an international coali- sistence of the blockade countries strongly press those countries to stop Rights will review the humanitarian tion of human rights organizations, that would prolong the crisis and ex- the blockade imposed on Qatar, im- situation of citizens and residents in activists and international figures to acerbate the humanitarian tragedies mediately and unconditionally, to put Qatar and the citizens of the GCC combat the siege on citizens and res- and family disintegration of thou- an end to the tragedies of thousands countries, noting that the UN mission idents of the State of Qatar and the sands of citizens and residents of the of citizens and residents of the Gulf will meet with the victims and will be Gulf countries concerned. We will ex- Gulf States whose basic rights have Cooperation Council countries. “ handed over all the data, documents, ert strong pressure through all inter- been violated in the absence of a firm evidence and names of the victims,

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Movements Of The Blockade Crisis (The Third European Round) and that the mission will submit its requesting a hearing for representa- During the visit, Al Marri held meet- report to the High Commissioner for tives of those affected by the crisis ings with French media, where he Human Rights. and the international organizations. discussed the most important developments in Qatar due to the blockade Al Marri briefed the officials and mem- He also revealed that other inter- and human rights violations caused bers of the European Parliament on national missions will visit Doha to by the countries of the blockade. the grave humanitarian impact of the submit their reports to countries and He also reviewed the international blockade on the population of Qatar parliaments in the world to know the moves of the National Human Rights and the three Gulf Cooperation Coun- extent of the suffering of the peoples Committee to condemn these viola- cil countries (Saudi Arabia, the Unit- of the GCC countries due to the uni- tions and to defend the rights of those ed Arab Emirates and Bahrain) after lateral coercive measures taken by affected at various international legal about five months, amidst the contin- these countries in flagrant violation and judicial forums of all international conventions. He ued suffering because of the lengthy praised the great response and sym- crisis, especially with the statements Thousands of children and forms, particularly the European Par- pathy of members of parliament that of some leaders and senior officials women are waiting to be pro- liament, the European Court and the he had met. that confirm the absence of any in- tected Human Rights Council. It can submit tention on the part of the blockade a recommendation to the EU mem- In light of the serious humanitarian Strong interaction of MPs countries to respond to humanitarian of the High Commissioner for Human negotiations with the countries of the bers to promptly act to stop the trag- Rights, international human rights or- blockade.“ developments in the crisis, and in the The parliamentary hearing witnessed appeals and the demands of States edies of thousands of citizens and ganizations and the consensus of the absence of indicators of a solution on a great deal of interaction among MPs and international human rights orga- residents of the Gulf States, and to international community “. On the second day of his visit to the near horizon; Dr. Ali bin Smeikh who asked about the reality of the nizations to put an end to the human compel the countries involved in the France, Dr. Ali Al-Marri held a series urged the French authorities to act situation in Qatar about five months suffering thousands of civilian victims blockade to respond to international He called on the European. Parlia- of intensive meetings, where he met at all levels to protect civilians from after the siege and expressed sym- because of the intransigence of the appeals and take into account the in- ment members to dispatch a parlia- in Paris with officials of the French violations of the blockade countries; pathy for the victims. The deputies blockade countries. terests of the victims. “ mentary mission to investigate the Parliament and the French Ministry of stressing that the continuation of the met with Dr. Ali bin Smeikh that they Dr. Al-Marri addressed the members facts and to meet with those directly Foreign Affairs; after a series of simi- crisis cannot in any way be a justifica- Dr. Al-Marri expressed his convic- will prepare a joint statement in the of the Parliament by saying, “we re- affected by the blockade, as did MPs lar meetings in the city of Strasbourg. tion for prolonging the humanitarian tion that “The French government British Parliament on the humanitar- spect the political positions of the from the British Parliament and the suffering of thousands of people, in- will play a crucial role in solving the ian consequences of the blockade, in In Paris, he met with Mr. Jerome Bon- EU countries, but at the same time US Congress, as well as a delega- cluding children, patients and women current humanitarian crisis thanks to parallel to address the British Prime nafont, Director of the Middle East we find no political or legal justification from the Italian Parliament and who are waiting for the international its diplomatic and economic relations Minister and Foreign Minister on the and North Africa Department of the tion for the neutrality on the current the United Nations Technical Mis- community to act to protect them from with all the Gulf countries,” calling on violations of the embargo. sion to Doha in November. He further French Ministry of Foreign Affairs, in crisis, especially when human rights the presence of a representative of gross violations of human rights. “the French authorities to invest their are violated in a horrendous man- called on them to take a clear and relations with the parties to the crisis Paris: Blockade countries are the United Nations and international Al Marri said, “France can play a cru- ner and contrary to all international firm stance on the humanitarian cri- to stop human suffering.” not responding to humanitar- organizations Department. His Excel- cial role in addressing human rights conventions and human rights laws. sis and that human rights be a priority ian appeals in their trade, economic and political lency also met with Mr. Xavier Brun, violations through further initiatives Dr. Ali Ben Smaikh Al Marri, presi- This is under testimony of the Office Diplomatic Advisor to the President In his tour to Paris, where he held and discussions in the French Par- dent of the National Human Rights of the French National Assembly important meetings with European liament and various European plat- Committee, met in his office at the (French Parliament). deputies, and visited the European Committee's headquarters with a Parliament, Dr. Al-Marri met with the delegation of the Italian Senate and President of the Qatari-European Parliament, headed by Mr. Guglielmo Friendship Association, Romana Vaccaro. Manseco; the Vice-chair of Com- During the meeting, he briefed the mittee on Foreign Affairs of the Par- delegation on the grave humanitar- liament, Anders Primdahl; and the ian impact of the blockade on the Chairman of the Subcommittee on population of Qatar and the three Human Rights, Pier Antonio PAN- GCC countries (Saudi Arabia, the ZERI. During the meetings, Dr. Al- United Arab Emirates and Bahrain) Marri called on the European Parlia- after nearly five months. Dr. Al-Marri ment to shoulder its responsibility for urged the Italian parliamentarians to the human rights violations caused move with their governments along by the blockade imposed on Qatar, with the European parliamentarians

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Movements Of The Blockade Crisis

Dr. Al-Marri: It Is The Right Of Any Country To Sever Rela- tions With Others, But Without Involving People In Political Differences of an unjust blockade that violates all international conventions and principles of international human rights."

Al-Marri added in a lecture presented to the students of Qatar University in the major conference hall at the university headquarters that the legal description of what these countries have done is a ‘blockade’ that violates all the principles and norms of international human rights law, and that this is an unquestionable fact.” He noted that: “The decisions that have been taken by these countries are real blockade that has resulted in violations of human rights conven- who he met during his recent tour in During A Lecture For Qatar tions and international covenants. Madrid, London and Paris, as well as University Students; The Qatari citizens and residents, as US senators and congressmen who well as the GCC citizens in general, affirmed their support for the humani- Dr. Al-Marri: The Blockade Crisis Revealed The Strength have been affected by that.” tarian cause resulting from the block- countries of the blockade residing in they are individuals or institutions.” Of The State Of Qatar And Its During a meeting with repre- ade. Al-Marri said: "I do not ask you He also said: “These countries and Qatar, noting that the efforts of the sentatives of human rights Weight Regionally And Inter- This came during a meeting with a to stand with the State of Qatar in its their official media have accused the Committee since the beginning of the organizations and media in nationally number of representatives of Italian political cause as much as I call on State of Qatar while failing to provide blockade on Qatar and its contacts Italy; human rights organizations and me- you to stand with the victims affected- Dr. Ali bin Smaikh al-Marri, presi- concrete evidence or proof of the au- with all international human rights or- dia institutions in the Italian capital, Qatari citizens, citizens of the GCC dent of the National Human Rights thenticity of the alleged accusations. ganizations, governmental and non- Dr. Al-Marri: we will continue Rome, in the presence of Ambas- countries and residents of Qatar." He Committee, stressed that, as far as In the meantime, their arbitrary mea- governmental, to lift violations and as- to pinpoint the suffering of sador Abdul Aziz Ahmed Al Malki, added, "It is the right of any country negative effects on the human rights sures constituted a gross violation of sist complainants. Al-Marri said, "The women and children in all in- Qatar's Ambassador to Italy, on the to sever relations with another state caused by the blockade on Qatar are human rights and a flagrant violation Committee has made many efforts ternational forums in the event of political differences, of all the values and principles en- sidelines of his participation in the concerned, the blockade itself re- and moves to confront this inhumane Dr. Ali bin Smaikh Al-Marri, presi- but this must be away from inciting shrined in international human rights symposium organized by the Italian vealed the cultural and civilizational blockade, reduce its negative effects dent of Qatar National Human Rights people and put them in those differ- instruments.” Al-Marri stressed that Institute for Political and International capabilities of the Qatari people, in on human rights, and try to eliminate Committee in Qatar, said that despite ences." He stressed that the posi- the political dispute among countries Studies (ISPI). A number of Italian or- addition to uncovering the great as- the damage to the victims' rights and the international mobilization against tions of condemnation are no longer should not be reflected negatively on ganizations, media and writers, took pects of the Qatari character. He redress them." the blockade on Qatar and the great sufficient as the suffering of thou- peoples. part in the meeting, including Profes- added that the crisis strengthened response to the humanitarian issue sands of affected people is going on, He also briefed the students on the sor Julio Lana, President of the Legal cohesion among the Qatari people, During the lecture, the president of raised by the National Human Rights noting to all parliaments and inter- three visits to Europe by the National Union for the Protection of Human and further soldered their adherence the National Human Rights Commit- Committee, the blockading countries national human rights organizations Committee, explaining that these vis- Rights; HE Francesco Rossi, Secre- to their wise leadership. tee addressed the most prominent are only toughening their blockade of the importance of doubling their its have set forth the complete picture tary-General of the Union Fund for violations of the blockade countries and deliberately prolonging it. He movements and place more pressure Al Marri said, "The blocked has ex- of the crisis to the international com- the Protection of Human Rights; Mr. and reviewed the statistics of these added, "The humanitarian crisis in to force the blockade countries to re- posed the strength and weight of the munity, eliminated all misunderstand- Mario Miellello, Secretary-General of violations in detail, which amounted the Gulf region has long been over- spond to calls of civilian victims. State of Qatar and its regional and ing and ambiguity in this respect, the Legal Union for Human Rights; due, and only people are affected. It international standing, and the stand- to 3890 violations, stressing at the clarified facts and urged the interna- Mr. Gore Josancny, journalist at RAI is time for urgent legal action to pur- During a meeting with representa- ing of all free and honorable people in same time that the Qatari govern- tional community to intervene to re- TV, and HE Dr. Vittorio Lungi, journal- sue those responsible for violations tives of human rights organizations the world alongside it and in the face ment has not issued any negative move the violations and find ways to ist and consultant at the International and media in Italy; measures against the citizens of the redress and compensate the victims. caused by the blockade, whether Labor Organization.

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Movements Of The Blockade Crisis Statement

“Difficulties That Face The Citizens And Residents Of Qatar To Performing Religious Rituals”

Qatar National Human Rights Com- that time without completion of those Accordingly, the National Human mittee (NHRC) expresses its deep rites; and with regard to the obsta- Rights Committee reiterates its call concern at the persistence of putting cles placed by the Saudi authorities on the competent authorities in Saudi Al-Marri stressed that the National the citizens of the Gulf and violated off citizens and residents in Qatar. obstacles by the Saudi authorities to restricting the right to perform Hajj Arabia not to use religious rites as a Human Rights Committee has formed their basic rights more than blockad- restrict the right of citizens and resi- “Fifth Pillar of Islam” of citizens and Al-Marri explained that the National political leverage or use them as a through its contacts a network of ing the State of Qatar, whose officials dents of Qatar to performing religious residents of Qatar; Human Rights Committee moni- tool for political pressure in flagrant great supporters to the victims of the confirmed the stability of the situation rituals. tors all speeches by officials of the violation of international human rights blockade, revealing the direction of in the political and economic tracks." Qatar National Human Rights Com- blockade countries in preparation for conventions. the National Committee to establish He pointed out that there is no inten- NHRC noted in a statement that “This mittee (NHRC) expresses its deep submitting them to the international an international coalition to combat tion of the blockade countries to end is according to complaints submitted concern at the persistence in put- The Committee further calls upon human rights mechanisms in order the effects of the blockade on civil- this humanitarian crisis, but they are by The Hajj and Umrah campaigners ting obstacles and hindrances by the the international community, human to determine responsibility. Al Marri ians and punish those who violate the actually threatening to prolong it with in Qatar on obstacles and hindrances Saudi authorities to restrict the right rights organizations and the Special added, "There are movements by the basic rights of civilians. placing more sanctions on civilians. facing performance of Umrah, as well to perform religious rituals by resi- Rapporteur on freedom of religion countries of the blockade for funded Dr. Al-Marri stressed that the National as the banning remittance transac- dents and citizens of Qatar, includ- or belief to promptly move to stop campaigns to justify the violations Al Marri added: "The countries of the Human Rights Committee is consid- tions by the authorities in Saudi Ara- ing the difficulties facing pilgrims of these persistent violations of the right and to cause tragedies upon civilians. blockade imposed the blockade on ering other options to lift the injustice bia.” Qatar, as reported by campaigners to freedom of belief and freedom to Those campaigns did not convince of Hajj and Umrah in Qatar, as well practice religious rites, and to stop anyone; on the contrary, they just re- (Text of the statement) as the banning of remittance trans- using them for political interests. ceived more international condemna- In view of the continued land, sea and actions by the Saudi authorities be- tion.” He asked: "How is it possible to The National Human Rights Com- air blockade imposed on the state of tween the Qatari campaigns and the organize conferences and fund cam- mittee also notes that it will raise the Qatar; and with reference to the ar- Saudi Umrah agents authorized to paigns to justify violations of human latest developments on this issue to bitrary measures taken by the Saudi grant Umrah permits. This empha- rights?" "We have a critical precedent all parliaments and international and authorities restricting the right to free- sizes the continuation of politicizing in promoting violations and cracking regional human rights organizations, dom of belief and freedom to practice the religious rituals by the Saudi au- down on activists and human rights and that it will resort to the Human religious rites, including the preven- thorities, in violation of Article 18 of organizations." Rights Enforcement Mechanisms tion of the pilgrims of Qatar from en- the Universal Declaration of Human of the United Nations to ensure the tering Saudi Arabia to perform Umrah Rights, Article 30 of the Arab Charter enjoyment of the right to freedom of during the last month of Ramadan, on Human Rights, Article 18 of the In- religious practice as a fundamental and expelling residents and citizens ternational Covenant on Civil and Po- human right. of Qatar who were already there at litical Rights and Article 6 of the GCC Human Rights Declaration. The National Human Rights Commit-

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Statement

Statement Of The National Human Rights Committee On The NHRC welcomes the decision of the International Labor Speech Of Hh The Emir Of The State Of Qatar At The Opening Organization dropping the complaint against Qatar

Of The 46Th Session Of The Advisory (Shura) Council Rights Committee of the State of Qa- tee stresses that the positive steps rights in the State of Qatar. tar welcomed the decision of the ILO taken by the State of Qatar and the Governing Council to drop the com- measures taken to protect and pro- plaint against Qatar. The Committee mote the rights of workers have urged continued technical coopera- greatly contributed to putting things in tion with the ILO and to foster and en- correct context. hance this cooperation in the future to In this context, the National Commit- implement all international principles tee appreciates all the efforts made and standards related to the right to by the Ministry of Administrative De- work and the rights of workers "in velopment, Labor and Social Affairs particular", thus contributing to the and its fruitful and constructive coop- full and complete protection and pro- eration with the ILO. motion of these rights in the State of Qatar. The Committee also urges the continuation of technical cooperation with (Text of the statement) the International Labor Organization The National Human Rights Commit- and to foster and enhance this coop- tee of the State of Qatar welcomes eration in the future to implement all the decision of the ILO Governing international principles and standards Council to drop the complaint filed related to the right to work and the against the State of Qatar. rights of workers "in particular", thus contributing to the full and complete tee (NHRC) welcomed the speech tinuing efforts to achieve Qatar’s Na- the judicial system and enhance its The National Human Rights Commit- protection and promotion of these of His Highness Sheikh Tamim bin tional Vision 2030; the continuation of human, administrative and organiza- Hamad Al-Thani, Emir of the State of the State in its reform steps, and its tional capabilities, so as to ensure the Qatar, on the occasion of the open- economic and human development independence of the judiciary, and ing of the 46th Ordinary session of process, in spite of all the challenges not prolong litigation and to achieve the Advisory (Shura) Council, espe- and difficulties; and the emphasis on unrestricted justice. cially the emphasis that the State of consolidating the pillars of the State The National Committee stresses that Qatar shall continue its reform steps, of institutions, the rule of law and hu- these reform steps are consistent with and its economic and human devel- man rights. the recommendations included in the opmental process. In a press state- The Committee commends what has committee’s annual reports and rep- ment, the Committee also praised been referred to in the speech of resent a strong response and support the support for Qatari women socially clear indications of violations of hu- to the performance of its functions in and politically, the preparation by the man rights caused by the unjust and the promotion and protection of hu- government to for the Shura Council inhuman blockade imposed on the man rights in the State of Qatar. elections, including the necessary State of Qatar. legislative tools, to ensure that elec- The National Human Rights Commit- tions are conducted in a fair and com- The National Human Rights Com- tee hopes that the competent authori- plete manner. mittee appreciates the reform steps ties will expedite the implementation outlined by His Highness in the his- of the directives of His Highness the (Text of the statement) toric speech, namely to support the Emir of the State of Qatar, especially The National Human Rights Commit- status of Qatari women socially and the promulgation of the law governing tee of the State of Qatar welcomes politically, and the preparation for the the election of the Shura Council. Shura Council elections, including all contained in the speech of His The Committee also urges the state the necessary legislative tools, to en- Highness Sheikh Tamim bin Hamad institutions to continue to adopt the sure that elections are conducted in a Al Thani, Emir of the State of Qatar, reform approach, thus contributing fair and complete manner. The Com- on the occasion of the opening of the to the full and complete protection mittee also appreciates HH’s empha- 46th session of the Advisory (Shura) and promotion of human rights in the sis on the importance of achieving Council, and HH’s emphasis on con- State of Qatar. The National Human justice and the keenness to update

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Events

Condemning the terrorist attacks in Spain Ambassador Mohammed Bin eral factors, most notably the remark- of Islam there is an invitation to dia- Jaham Al Kuwari, to Madrid: able work done by the Arab House logue and understanding between re- ‘Casa Arabe’." ligions and respect for human rights. He also noted that "the treatment of “Spain has always been a space for coexistence and I am happy that this message is the extremism and terrorism does not Ambassador Pedro Martinez- theme of this exhibition." consist of fueling the feeling of hatred understanding between dif- Avial, Director of the ‘Arab of Islam ‘Islamophobia’ and the con- ferent peoples, cultures and House’ in Madrid: Art is an upscale and effec- sequent discourse of intolerance and religions” tive message for the intro- hatred, but rather the extension of “Qatar witnesses a dramatic duction of Islam bridges of cooperation and dialogue shift in the defense of human between different religions, cultures rights” Mr. Nazmi Yousef, member of the and civilizations. Such treatment also administrative board of the Madrid Ambassador Pedro Martinez-Avial, can be through the search for, show- Press Club, said: "The exhibition is Director of the Arab House in Ma- ing and pinpointing the common hu- one of the most important ideas that drid, praised the exhibition by saying, man heritage and values.” explain the truth of Islam with a high- "I am honored to be present at this quality artistic message, and it is im- Spain .. the gateway of Islam- wonderful exhibition with the mes- portant to address the Western world ic civilization sage it is addressing. As you know, with the message of art to introduce promoting peace and defending hu- Islam, even though the Exhibition co- Dr. Al-Marri lauded the historical role man rights are key points in Spain's incides with the week-end and under of Spain and said, "Spain has played In his speech on this occasion, Dr. policy. My presence at the exhibition the conditions Spain is witnessing." equality among all human beings and an important role in achieving the co- Ali bin Smaikh Al Marri, president of emphasizes this." to end injustice, tyranny, racism and existence of civilizations and commu- Mr. Mahmoud Sobh, Tenured profes- the National Human Rights Commit- oppression. It further calls for peace nication between different cultures, Ambassador Pedro added "Qatar has sor at Complutense University of Ma- tee in Qatar, began his intervention and coexistence among all religions, ideas and beliefs. It is the gateway witnessed a remarkable transforma- drid and winner of Qatar’s Award for by confirming his "strong condem- sects, races and ethnicities.” through which Islamic civilization has tion in the defense of human rights, Translation, said: "The exhibition is nation of the terrorist attacks that hit spread in the fields of science and and it is participating in many human a beautiful promotion for the Islamic the Kingdom of Spain which are not He added that "terrorism has no reli- literature throughout Europe, and rights forums, whether in the Arab religion, reflecting the fact that it is a recognized by any divine religion, nor gion and no nationality, and that the perhaps the remaining Islamic monu- world or internationally; this is clearly true religion of peace and tolerance. accepted by living conscience or ac- actions of extremist terrorist groups ments in Spain to this day the great- said by Dr. Ali Bin Smaikh Al Marri.” Most of the audience today are intel- knowledged by religious teachings, who take religion as a cover for He concluded by saying: "Islam is a est witness to that." Ambassador Mohammed bin Jaham lectuals, poets, writers and authors, for they are anomalous and hostile their abnormal and sick behaviors to religion of peace and a religion of dia- in addition to diplomats. This reflects He concluded, "This exhibition is Al-Kuwari, Ambassador of Qatar to to humanity, declaring his solidarity achieve their despicable goals, are logue between all religions. The noble the attention paid by the elite of Mus- a message to the world. We do not Madrid, praised the exhibition "The in the face of these poisoned and de- far from Islam and its moderate true Quran and the Prophet's sayings and lim societies to the Exhibition of Hu- mean it to speak or defend Islam, Arab Calligraphy on Human Rights in structive extremist ideas." message. These fanatical groups teachings prove that in the essence man Rights in Islam.” represent only themselves, and there but just to stress that we are keen to Islam," adding that "The sample pre- Dr. al-Marri availed the presence of is no doubt that the entire world has show common values and common- sented to us in this exhibition depicts the distinguished audience of Spanish seen the bright face of Islam over alities; and you yourselves may judge what was in the past, what can be in Foreign Ministry officials, representa- hundreds of years." that." the present, and what should be in the tives of the diplomatic corps accred- future. Each painting includes verses ited to Madrid, and a number of intel- from the noble Quran and quotations lectuals and opinion leaders around from the sayings of Prophet Muham- the world, to denounce the blockade mad, peace be upon him." imposed on Qatar since June 5. He said, "The National Human Rights On the importance of Madrid hosting Committee holds this Exhibition at a the exhibition, Ambassador Moham- time when the State of Qatar is being med said, "The hosting of this exhibi- subjected to an unjust blockade that tion in Spain is a real motivation for violates all human rights instruments happiness and an emphasis that the and principles.” Arab culture has had a very prominent presence in this country since On the ethical message to be con- ancient times. Spain has always been veyed by the Exhibition, Al Marri said, a space for coexistence and under- "The Islamic religion is committed to standing between different peoples, human rights and calls for respect cultures and religions. At present, the for human dignity and freedoms. The country continues to play a very im- message of Islam has come to con- portant role in this regard, due to sev- solidate the principles of justice and

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Events

Director of the Arab House “Casa Arabe” in Madrid; Ms. Eva Martinez NHRC celebrates the Qatari Human Rights Day, Attiyah: Great Sanchez, Director of Maghreb and international gains for the State of Qatar in the field of human rights Africa Affairs at the Spanish Ministry of Foreign Affairs; HE Mohammed bin Jaham Al-Kuwari, Ambassador of Qatar in Madrid; Spanish dignitaries, representatives of civil society organizations, and a number of diplomats, intellectuals, media and Spanish and foreign academics. A window to introduce Is- lam and spread dialogue and tolerance The exhibition opened its doors to different sectors of Spanish society, as well as Arab and Muslim communities Positive comments ex- the paintings in the gallery, and said. living in European countries. Over the pressed by participants in "I am an artist, and I am well aware past years, the "Calligraphy on Hu- the exhibition of the extent to which art is capable man Rights in Islamic Culture" exhibi- of educating the people; hence is the tion has become a powerful window Mr. Aleksandra Yanichkova, a Slova- importance of this exhibition introduc- for introducing Islam, promoting a kian citizen, said: "It's great that the ing the status of human rights in Is- culture of peace and tolerance, and National Human Rights Committee lam." She added: "This exhibition is a dialogue between religions and civi- of Qatar is interested in organizing great step to spread a culture of toler- lizations that the State of Qatar calls an exhibition that addresses Islam's ance, and through dialogue and toler- for in the international arena, to coun- respect for human rights, because ance we spread the culture of peace ter the culture of incitement and vio- many people in the world do not be- in the world. So, all the appreciation lence that contributed to the spread of lieve in that. In addition, persuading goes to the National Human Rights extremist ideas and organizations, as the world of this fact via an art exhibi- Committee and the State of Qatar for well as hate speech and attempts to The National Human Rights Com- incides with the date of the establish- tion is a sublime message to educate this wonderful exhibition." attach the charge of terrorism to the mittee (NHRC) celebrated the Qatari ment of the Committee on November peoples." Islamic religion. The exhibition also Human Rights Day in the Cultural Vil- 11, 2002,". She noted that the decision Spanish dignitaries, ambas- lage (Katara) with the participation of to set up the Committee achieved a Ms. Francesca Blanca, a Spanish sadors and intellectuals at presented a true picture to the West- artist, noted that she had enjoyed ern societies on the status given to many Qatari institutions. qualitative leap in the promotion and the inauguration of the exhi- protection of human rights in Qatar, human rights by the Islamic religion. In a press statement, Ms. Maryam bition «Arabic Calligraphy on pointing out that although the culture Al-Attiyah, Secretary-General of the of human rights was inherent in the human rights in Islamic cul- Committee said, “We celebrate the Qatari people's creed, traditions and ture» in Madrid: Qatari Human Rights Day, which co- customs, the establishment of the Dr. Al-Marri: "Cultural and Committee was a catalyst for further civilizational diversity is a protection and promotion of this im- gain for humanity and a heri- portant aspect. tage that should never be dis- She added that the Committee cele- torted or destroyed" brates the Qatari Day to remind of all the achievements of the State in this The Spanish capital, Madrid, wit- light of the efforts exerted by the Com- regard and to encourage society and nessed the inauguration of the 7th edi- mittee to uncover the human rights institutions to do more to promote the tion of the Exhibition of Arabic callig- violations resulting from the blockade human rights culture, which has be- raphy about ‘Human Rights in Islamic imposed on the State of Qatar, and come a real measure of the extent of Culture’. The inauguration took place the great success achieved in this civilization of countries and societies. in the presence of Dr. Ali Bin Smaikh regard, along with the return and the Al Marri, president of the National She also pointed out that the celebra- great international gains and unlim- Human Rights Committee in Qatar; tion of the Qatari Human Rights Day ited response to the issue of those af- Ambassador Pedro Martínez-Avial, is exceptional this year, especially in fected by the blockade.

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Events

tion of these institutions enriched the celebration. Mr. Al Mahmoud added, "This wide participation confirmed the interdependence of state institutions and the commonalities that combine them.” He pointed out that all the participants in the celebration are characterized by their mission of important humanitarian issues sum- marizing the vision of the National Human Rights Committee in the promotion and establishment of a culture of human rights in society. He noted that, in recent years, the National Human Rights Committee had been keen to have the celebration in the open, so that participation would be accessible to all categories reduce any humanitarian violations of on the principles of human rights." of society and would result in more peoples." He explained that such in- He pointed out that many institutions positive interaction with its activities. ternational and regional moves have and centers in Qatar participated in the celebration, such as: Qatar Social work, represented by Aman Center, Wefaq Center, Dreama Center, Best Buddies Center, Ehsan Center, Al- Ms. Al-Atiyyah said that this year's Mr. Abdullah Al Kaabi, Director of Mr. Al Kaabi added, "Since its estab- Shafallah Center and Nama Center, celebration is marked by many useful Legal Affairs at the Committee, said lishment, the National Human Rights as well as the participation of: United activities in which we gave a special that the celebration of the Qatari Day Committee has made significant con- Nations Training and Documentation attention to the educational aspect. represents an annual stand with what tributions in the field of human rights Center, Qatar Charity Association, The celebration started at four o'clock has been achieved and with the ef- and has become very prominent in Traffic Department, Jeem Channel, with competitions that take a large forts exerted by the Committee dur- the Arab region. It has also forged Ministry of Health through the Blood part of it. The institutions participating ing this year to achieve its vision and partnerships with international or- Donation Unit, Qatar Voluntary Cen- in the ceremony also presented sev- mission in the community. He added ganizations and organized several ter, Mental Health Friends Associa- eral activities related to the promotion that the celebration is an occasion to conferences that discussed the most tion (WEYAK), the Productive Fami- of human rights culture. measure the progress of the Commit- important issues in the region and the lies Development Department, Noor tee regionally and internationally. role that national human rights insti- Institute for the Blind, and Education tutions could play at time of crisis to Above-all Foundation). The participa-

credited the National Human Rights Committee with the trust of the international community, to the extent that most international organizations, especially the Office of the High Commissioner for Human Rights (OHCHR), depend on the reports of the Committee to know everything related to human rights issues in the region. Mr. Abdullah Al Mahmoud, Head of Public Relations Unit, said: "The Na- tional Human Rights Committee has dedicated recreational activities for children with an educational nature

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Profile

• First, let’s talk about your social and • Have you encountered social challenges Sheikha Al-Jufairi, Member Of The Municipal political character that made you the first as a woman under the norms of the con- Qatari woman to enter the service and po- servative Qatari society; and how was the Council, In An Interview With (AL-Saheefa) litical world from the gate of the electoral acceptance of this society for the appear- process. ance of women in the electoral register of Diyaa Abbas I grew up in a deep-rooted family with a long history and the Municipal Council? close relations with the public figures and members of the I did not face any social challenges or obstacles before ruling family in that beautiful time in the 1920s. I was born my candidacy for membership of the Central Municipal • His Highness Sheikh Tamim Bin Hamad Al-Thani encouraged me, in the area of Baraha Al-Jufairi, located in the heart of the Council, because the Qatari society was is well prepared and I shall not forget the support of HH the Father Emir and HH old city of Doha (the early home of the whole family) in for that, thanks to the great civilizational project laid down Sheikha Moza the area from Najdah market to the intersection traffic sig- by His Highness the Father Emir Sheikh Hamad bin Khal- nal of the Two Sords, and this area includes the Asmakh ifa Al Thani, where life had changed in Qatar. Our civiliza- • The Emir of the State of Kuwait, HH Sheikh Sabah Al-Ah- and Najada market. In my childhood, I was used to sitting tional project was based on deep cultural foundations that mad, considered me an example of successful Gulf women with my parents and grandparents who were pearl traders respond to the facts of the age and do not encounter the and boats owners, and listening to them talking about the society’s established customs, traditions and foundations, • The wise leadership of the State put women in their natu- past, present and future, and about what the ruling family but conform to the vision of Qatar 2030. This trend culmi- had then done to the homeland and the Qatari citizens. ral course in the ascendancy of sovereign positions nated in the issuance of Emiri Decree No. 17 of 1998 for They were also used to talking about the boats they had electing members of the Central Municipal Council and • I ran the fourth session of elections process with an and sailed on to travel to India, Africa and Indonesia. The Law No. 12 of the year 1998 and its amendments, or- local name for that type of boat was (Senbok); and I still overwhelming result in the presence of three male ri- ganizing the Central Municipal Council. This Law allowed remember the names of those boats, such as: (al-Talbi, Qatari women to participate in the electoral process as vals Samha, Tuqa and Maqdeem). In addition to the boats voters and candidates, and the opportunity was available A prominent Qatari politician, the first woman to they were having, my grandfather was the private captain to every Qatari woman to enter this area without any ob- win the confidence of voters for four consecu- of a boat named (Fateh al-khair) owned by His Highness stacles or hindrances. tive sessions of the Central Municipal Council; Sheikh Hamad bin Abdullah bin Jassim Al Thani. This In such environment, six women submitted their candi- Sheikha Bint Yousif Al-Jufairi, currently mem- boat is now considered one of the monuments of Qatar. dacy in the first session of the Council in 1999 but did not ber of the Municipal Council for the eighth From this beginning, my personality has been shaped have the chance to win these elections. In the second constituency. She was elected in 2003 in the since my childhood, and I felt that I like politics. I then session, it was an honor to win the elections as the first Central Municipal Council from the 9th con- entered the gate of the electoral process through the elec- Qatari woman to enter the service world through the gate stituency. She received the highest number tions of the board of directors of the social solidarity fund of the electoral process. Truly, I received all support from of votes among the winning members in Qa- for employees of the Ministry of Education where I used my family, my relatives and residents of the electoral con- tar in the third and fourth sessions and the to get the highest number of votes. I was also selected stituencies who participated in making this success. second highest in the fifth session because by the members to be the chairperson of that fund. I also of merge of three constituencies in one( learned and grew up benefiting from my grandparents • How was your overwhelming win in the the eighth constituency that she repre- who, upon return from diving, used to help others through sents in the Council). She was elected by calling them to join the pearling and sea journeys, espe- ninth constituency received in the first the members of the Council as the chair cially those who were unable to have boats. These stories electoral process in the state of Qatar at of the Legal Committee in all the ses- had shaped my attitude in doing good and helping oth- the official and popular levels? sions, and a member to the Committee ers whenever I could. So, from all these circumstances I for Services and Public Utilities and the shaped my social and political personality and my love for I entered the Central Municipal Council in its second ses- Committee for Complaints and Petitions homeland. I was a pioneer in entering into associations, sion in 2003 by acclamation where the candidates gave as well. She also served as Director of in addition to voluntary and official group work, and into up candidacy that time and I thanked them for their with- Administrative and Financial Inspection all fields that would achieve solidarity and help foroth- drawal in a civilized manner. They held a press confer- Department, Chairperson of the Board of ers, and that is why I was proactive in entering the world ence and announced the reasons for the withdrawal and Directors of the Social Solidarity Fund of services from the gate of the electoral process in the said it was based on their faith in the role of Qatari women for employees of the Ministry of Educa- Central Municipal Council. and the efficiency and ability of women to carry out their tion, as well as member and secretary national duty. This encouraged me to compete again in of the Women Affairs Committee of the Have you encountered social challenges as a woman un- the elections for the third session in 2007, and it was a Supreme Council for Family Affairs der the norms of the conservative Qatari society; and how moment to be registered in history when I was announced and the Chairperson of the Board of was the acceptance of this society for the appearance of winning the votes of the ninth constituency and got elect- Trustees of Al-Khansa Primary School women in the electoral register of the Municipal Council? ed by 800 out of 879 voters in the district, which includes for Girls. On this rich feminist experi- the areas of the Old Airport and the old Thumama. When ence, we had the following dialogue: asked by the local and international media about the rea-

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Profile sons behind that unexpected result, I stated that it was the Municipal Council and Advisory (Shura) Council, • As a matter of fact, most of your work ness Campaign for Gulf Women Leaders, organized by due to the constant communication with voters and com- visited NATO headquarters in Brussels in 2010. the US National Democratic Institute and the Republican munity to find proper solutions to meet their needs, and for the Municipal Council through a demo- Institute in 2005, in which I have visited along with a dele- the presentation of a realistic electoral program based on • The “Third World Congress on Perinatal Medicine in cratic process is a victory for Qatari wom- gation from the Municipal Council and the Shura Council, a comprehensive field study of the needs of the circle in Developing Countries”, Beirut, 2004. en and their rights; are there any moves the headquarters of NATO in Brussels. Furthermore, as a which I applied, in addition to my field visits in the area. • Honored as ‘The Ideal Mother” in 2011 by the Jasrah to accomplish more achievements in this member of the Committee on Women of the Arab Labor Girls' Forum Organization, I participated in numerous forums and con- On the official level, I passed through situations that in- area, especially that the State of Qatar has ferences on the elimination of all forms of discrimination fluenced me and led me to more diligence and practi- • Participated in the “Campaign of Faithfulness” organ- ratified the Convention on the Elimination against women. cality. In addition to my education in a family close to ized by the Qatar Foundation for Elderly People Care of All Forms of Discrimination against social and political activities, I was encouraged by His (EHSAN) in cooperation with the Department of Social This was what I stressed in the paper I presented on be- Highness the Father Emir, Sheikh Hamad Bin Khalifa Al Affairs, Ministry of Labor under the slogan (If the land Women? half of the Supreme Council for Family Affairs (SCFA) in Thani, where he said to attendants on an occasion that Qatar at the National Conference on "Combating Vio- fails to carry you, we will do it with our eyes). My experience in running four elections in the Municipal Qatar is entitled to be proud of this woman, who reflects lence and Discrimination against Women in the Field of Council and during my participation in women's confer- the status of Qatari women in the democratic process. these participations have positive impact on my ca- Labor" which was organized by the Arab Labor Organiza- ences and seminars has allowed me to spread ideas to reer in the Central Municipal Council, especially that I tion. That time I was the secretary of the Women's Affairs encourage Qatari women to participate in political and This encouraging situation recurred during the recep- have seen the experiences of our predecessors, in the Committee at SCFA, and I pointed out that the laws of social fields. Thankfully, we in Qatar have a wise leader- tion of the Emir of Kuwait, His Highness Sheikh Sabah developed countries in particular, where I met many of public institutions are guided by the Qatari Constitution to ship that has put women in the normal course of taking Al-Ahmad Al-Sabah, on one occasion, where he con- the organizations and parliamentary figures with whom guarantees equality of rights for men and women. top sovereign positions and assuming ministerial port- sidered me a good role model for the Gulf woman. I I always communicate with and participate in their the folios in government authorities and public institutions. also received many invitations to attend political semi- official events and occasions that they hold in this area Qatari women enjoy many rights, including the right to the appointment of four women in the Shura Council has nars and conferences as the first Qatari woman to win in at their invitation. I share the experience I acquired with free health care, the right to free access to education at come as a result of this remarkable suc- the electoral process. In addition, I received numerous my fellow members of the Legal Committee and the Mu- various stages, free access to university education based cess. I presented a work- paper at awards and was honored by local, regional and interna- nicipal Council in the form of presentations, proposals on achievement, social security as per law, the right to re- “the women political leaders’ tional institutions and figures, including a tribute by the and discussions during the meetings of the Council and ceive a pension under the conditions specified in global forum” on “the Re- organizers of the ‘Gulf Municipal Day’ in 2005 in Kuwait. the Committee. These participations also increased my the law and equality with men in the rights gional Aware- arising from the relationship on the official level, I do not forget the personal and di- confidence in myself and my ability to deliver more in the Council. of work in terms of remu- rect encouragement of Her Highness Sheikha Mozah neration, as well as training Bint Nasser, spouse of His Highness the Father Emir, • As the chairperson of the Municipal and promotion opportuni- and His Highness Sheikh Tamim Bin Hamad Al Thani in ties. Other rights include the all official meetings as the first woman to win the elec- Council's Legal Committee, what role did right to nomination and elections in the Central Municipal Council. All of that encour- you play during your candidacy sessions tion to the elected councils, aged me to exert further efforts to serve my homeland. to serve the most prioritized groups at the the request for divorce and state level in general, and at the level of Voluntary separation (khula) • You have participated in many regional when it is impossible to go on and international seminars and have vis- the constituency that you applied for in with the spouse. particular? ited many parliaments of the world; how In that paper, I reviewed the was the reflection of these participations By virtue of the location of (Ehsan) House for the care of most important achievements on your experience in the Municipal Coun- the elderly in the constituency I represent in the Council, adopted by the State of Qatar cil? I maintain constant contact with the center and visit on a for the advancement of Qatari regular basis. I also receive their requirements with the women in various sectors and I have participated in many conferences, seminars and various service providers. In view of the limited powers of their development in the so- regional and international conferences; including, for ex- the Legal Committee expressing legal opinions on mat- cial, educational, economic, ample: ters discussed by the Council according to its mandate, health, legislative, environ- some topics related to these categories were referred to mental, political and media • The House of Commons and House of Lords of the us, including the Board's recommendations on granting aspects, and to change the United Kingdom, where I attended one of their sessions special needs, including the Deaf category, (50%) of the current situation of women as the only Qatari woman elected to the Central Mu- Qatar Airways tickets. The Council also discussed the so that they can exercise the nicipal Council in Qatar in 2004, and participated in the follow-up of the implementation of the specifications for active and influential role in Afro-Asian Conference in Jakarta 2005. persons with disabilities in the Qatar Engineering Guide; the movement of society and • "Awareness of Regional Electoral Campaigns for Gulf and I submitted a proposal on this regard to the Coun- its development. Women Leaders" Conference which was organized by cil, as well as the training of sign language personnel in the American National Democratic Institute and the Re- all public and private institutions to deal with people with publican Institute in 2005. I also, with a delegation from hearing disabilities.

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Profile

• Through your experience in winning also proposed cancellation of the U-turn traffic at the • In terms of traffic congestion, several requests were country. Lulu Hypermarket signal, in order to work on the flow of made to convert roundabouts to signal-controlled inter- the membership of the Central Municipal traffic in this area. sections, bridges and tunnels. Thankfully, this was done • Issuing a ministerial decision by the Ministry of Econ- Council for four consecutive sessions, in most areas of the constituency and the State thanks omy and Commerce to prevent men from working in what have you achieved at the commu- • I submitted a proposal on maintaining health and safe- to the efforts of officials of the Ministry of Interior, the shops selling women's ready-made garments and wom- ty of students by preventing the sale of (potato chips) en's clothing shops, in accordance with Law No. (5) for nity and service level, especially that you Public Works Authority and the Ministry of Transport in schools. Under this directive, the Undersecretary of and Communications. the year 2015 on commercial and industrial outlets, represent (24) residential area in Doha at the Ministry of Education issued a circular then to all similar public facilities and street peddlers. the current session of the Council; and schools prohibiting the sale of this kind of products in • In order to enable Qatari women in the constituency schools. to carry out their activities and communicate with the • Reducing the general disturbance caused by cars what obstacles have you met in the way various categories of society, several applications were on roads; a proposal I submitted to the Council and on of achieving your electoral promises? • Preceded by a number of requests, I submitted a made for the establishment of a special club for girls to which recommendations were made to the concerned proposal to the competent authorities at the Ministry of practice their various activities. Thankfully, and as a cul- authorities in the State. Through my experience during the three previous ses- Transport and Communications for the construction of mination of these efforts with the competent officials, Al- sions and representing the ninth constituency, which that • Issuing a professional card for the self-employed la- pedestrian bridges to connect the residential and ser- Dana Center for Girls will be opened near Al-Ahli Sports time included four areas (Old Airport, Thumama, Ras bor in order to organize these professions and to pre- vice areas, especially after the construction of the main Club. I would like to thank the Minister of Culture and Bouaboud and Doha Airport), I gained more experience serve the funds and property of citizens from tampering highways that separate these areas. The proposal was Sports, Salah bin Ghanim Al Ali, for his special attention in dealing with my electoral programs and achieving the with them from those who are not qualified to practice discussed in the Committee of Services and Public Fa- to establishing this club. level of service required in accordance with the needs cilities which hosted a meeting of specialized officials these works. of citizens in these areas. Therefore, I did not face any at the Department of Transport and Infrastructure Plan- • I also cooperated with officials in the Ministry of Edu- The Legal Committee also examined the requests of obstacles when the boundaries of the ninth constituency ning of the Ministry of Transport and Communication cation and Higher Education and the Ministry of Culture businesspersons and investors regarding Birkat Al were amended in the current fifth session of the Council who submitted sketches for the construction of pedestri- and Sports on the project to open a number of schools Awamer Logistics Park allocated for building warehous- in 2015. Now the eighth constituency includes (24) areas, an bridges in the areas of Doha, in which a proposal has for families living in the same area to exercise in the af- es. Several meetings were held with the concerned au- all located in the heart of the city of Greater Doha. In the been submitted to connect the Old Airport with Al Thum- ternoon, and to utilize sport halls and potentials provided thorities and the businesspersons themselves. The re- previous sessions, these areas were three separate con- mah, and Al-Hilal with Nuaija and Old Airport with by the Ministry of Education in those schools. Through sult was to issue a report and recommendations to the stituencies. Thanks to the cooperation and confidence of Nuaija. The bridge between the Old coordination between the competent authorities, a num- higher authorities in the State. Thankfully, at supreme the citizens in those areas, along with their asking me to Airport area and Thumama area ber of these schools have already been allocated for the directives from His Highness the Emir, the problem of re-run for the fourth time, I entered the elections without will be opened soon. purpose. all logistics areas has been solved by issuing the recent hesitation and attained an overwhelming decisions of the Council of Ministers to reduce the bur- result with the presence of three male- • As part of my electoral program to pursue the lighting den on businessmen and investors and solve all their colleagues who were in the competition, of streets that have not been lit in the areas of the eighth problems. including a former member. I did not face constituency, work is currently underway in full swing by any obstacles or difficulties in the devel- the Public Works Authority for the installation of light- • Adding controls to limit the disadvantages of workers' opment of my electoral program of which I ing poles in the areas of the Old Airport, Nuaija (Zone gatherings in the midst of family residential areas. have achieved a lot compared to the period 44) and Al-Hilal. There is also a future plan to complete I spent in the current session. For example: the lighting in the other areas. This has been achieved • Establishment of regulatory standards for the licens- after follow-up endeavors and ongoing meetings with ing of supermarkets (hypermarkets). • I contributed to the reduction of the traf- relevant officials. fic congestion that affected most areas in • Conversion of houses at off-city areas from chalets the Old Airport, and made many sugges- • What are the most important contribu- to houses for citizens, and the treatment of villages as other areas by KAHRAMAA due to their suffering in the tions in this regard. I also conducted per- tions of the Legal Committee through its sonal meetings with specialists in both the payment of costly bills for consumption of electricity and Ministry of Transport and Communications recommendations regarding the enact- water. and the General Directorate of Traffic who ment of laws or measures that the Munici- • The human right to a clean environment cooperated with me to the farthest. At pal Council deems necessary or beneficial several times, those officials hap- and the right to health entail a great re- to the public interest? pened to visit the areas that I had sponsibility; what is your role in moni- named for them. I submitted a pro- The Legal Committee had participated in many efforts toring the implementation of laws and posal that was discussed by the through its proposals and recommendations submitted by Complaints and Petitions Commit- the Council to the concerned authorities, whether by giv- regulations for food prepared for human tee at the Council, and the Council ing legal opinions in the issues that the committees study consumption? Are there proposals on the agreed to recommend to the Minister of in the Council or by discussing and preparing reports and establishment of parks that we can see to- Municipality and Environment regarding recommendations on the subjects presented by my col- the modification of the Commercial Air- leagues, and members of the Council, including: day on the ground? And how do you judge port road to become one direction from the enforcement of laws and regulations the west to the east to ease traffic. I • Organizing parking lots in a number of places in the for public hygiene?

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Profile

Thank you for this important and befitting question! Law vides me with all the data and statistics I request regard- • In conclusion, you have received many man Integration for a Leading Future". No. (12) for the year 1998 regarding the organization of ing the tools and equipment in the areas that are within the Central Municipal Council and its amendments set the range I represent; including the replacement of more awards and have been honored by local, There is also a number of awards, forth the Council's terms of reference in Article (8). There- than 1000 garbage containers with new ones. regional and international institutions and decora- tions and honors by a fore, many issues that fall under this mandate were sub- personalities. Tell us about the occasions number of local, regional mitted with appropriate reports and recommendations to • Qatar is one of the countries where we and international institu- and institutions that honored you? What tions. the Council to be authorized and then submitted to the rarely see beggars roaming around cities, Minister of Municipality and Environment. This includes, about its impact on both the moral and but not limited to: but that does not necessarily mean they practical levels of these awards? do not exist; how do you see the effec- • The proposal I submitted to the Council to confirm I have received many honors and certificates of recogni- the compatibility of plastic bags for the packaging of tiveness of fighting begging? Is there a tion from several local, regional and international bodies bread, baked foods and tea bags. The competent Com- vision to help them with social and eco- that have had the greatest impact in providing more effort mittee (Committee for Complaints and Petitions) host- nomic treatments? Alternatively, do you during my political and service career. I cherish with these ed responsible officials of the concerned authorities just work on fighting the phenomenon? awards and certificates as a tribute to my country and as and raised its recommendations to the Council, which a representative of my great homeland in the forums con- agreed to submit them to the Minister of Municipality and Over the last years, the Council has discussed the phe- ferences that I attended. For example, but not limited to: Environment. Accordingly, the Ministry of Economy and nomenon of begging, especially in the holy month of Ram- • A certificate of appreciation from Her Ex- Trade and the Ministry of Municipality and Environment adan, but I noticed that it has disappeared in recent years cellency Sheikha Al Mayassa bint Hamad issued special circulars to the companies that produce thanks to the measures taken by the competent authori- bin Khalifa Al Thani, Chairperson of the these bags on the need to apply the country standard. ties in the country to limit this phenomenon. In the second session of the Council, the issue was discussed and ex- Board of Trustees of the Qatar Muse- • Establishment of regulatory standards for the grant- amined, and recommendation thereof were submitted to ums Authority, on the occasion of my ing of commercial licenses to supermarkets (hypermar- the concerned parties. Under these recommendations, a winning the elections of the Council kets), including the allocation of suitable places for the joint committee represented by members of several rel- (fourth session) and obtaining the safe storage of foodstuffs and drinks. evant parties, including a member of the Municipal Coun- highest number of votes among the winners of the elections. • Proposal I submitted to the Council regarding a com- cil, was formed. The committee came out with effective plaint that restaurant workers do not comply with food studies and proposals that were implemented, and that • Honored by the House of Com- safety standards. contributed significantly to the disappearance of the phe- mons and the House of Lords of nomenon to a substantial extent. A study suggested, for the United Kingdom in 2004 and As for the public parks, I have submitted many proposals example, that the competent municipality might refer of- attending one of their sessions and requests that respond to the wishes of the residents fenders to charities in the country to discuss their living with applause and welcome to of the (24) areas of my constituency. Among the achieve- and help them. Other several solutions were proposed me as I was the only woman ments in this regard is the completion of the construction in the study and were highly appreciated and considered elected in the Central Municipal of the Thumama Family Park (Zone 47) which was fol- among the concerned authorities in the country. Council at the time. lowed up with the competent officials until the needs of the people were accorded for. Other three family parks • There are some voices in the social net- • Participated in the Faithful- were also established at Naija (Zone 44), and a park in working sites calling for the change of the ness Campaign organized the Mansoura area. Currently, rehabilitation works are by Qatar Foundation for the underway for Wad al-Neel at Al-Hilal area, and the area term (the elderly) into the (the revered); Care of the Elderly in coop- situated between the Mall intersection and Thumama in- how do you see such initiatives that will eration with the Department tersection up to Ahmed Al Ahmed intersection are being morally support our elderly parents? of Social Affairs, Ministry of beautified and provided by seats and benches to serve Labor in 2009. walking sport. Because this center is situated in my constituency, I always communicate with them and fulfill all their requests. • Honoring by the Higher As for public hygiene laws, decisions and regulations, I In the past, the name was changed into Center for Care Committee of the 9th Fo- have made several requests to deal with many violations of the Elderly (Ehsan), but I prefer to change the term rum of the Gulf Society for in the various areas of the constituency, such as aban- into (the venerable) because it is a suitable term for those Disability Association in doned houses located in the residential neighborhoods, people who need our care and must be assisted with all 2009, which was held in empty squares and walled empty land, and followed up due respect and appreciation, in line with the teachings cooperation with the Sha- with the officials for keeping these spaces clean to pre- of our religion. The Prophet (peace and blessings of Al- fallah Center for Children serve the safety of residents living nearby and to prevent laah be upon him) said: “He is not one of us who does not with Special Needs. the spread and accumulation of insects and rodents. I show mercy to our young ones and respect our old ones.” • Honoring by Al-Bayan Ed- would like to thank the Director of the Department of Hy- ucational Complex (Second- giene for his continued cooperation and rapid response to ary Stage) in 2005, titled "Hu- the requirements that I pay his attention to, and who pro-

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Articles

global) by activating international b. Treaty-based mechanisms: On the side of receiving complaints, Mechanisms for the international protection of human rights protection mechanisms in accord- some treaty-based committees are (Raising individual and international complaints and reparation) ance with the agreements signed These are committees of experts competent to receive individual com- by that country, through which indi- created to monitor States’ imple- plaints or State complaints against viduals and States can submit com- mentation of obligations as per other States. The competence to plaints to achieve justice and repara- their ratification of international receive individual complaints is tion. conventions. The UN has adopted unique to the following seven com- - among many human rights conven- mittees: The mechanisms of international tions - basic agreements explicitly protection of human rights are high- providing for mechanisms for imple- 1. Committee against Torture. lighted in several aspects; the most mentation, namely the establishment important of which will be reviewed in of a number of committees to follow 2. Committee on the Elimination of this article. In the first part, we will dis- up the implementation of the pro- Racial Discrimination. cuss the mechanisms for submitting gress made by the State in relation 3. Human Rights Council. complaints by states and individuals to conventions, such as: the Interna- in case of violations of human rights, tional Convention on the Elimination 4. Committee on the Elimination of and in the second part we will review of All Forms of Racial Discrimination; Discrimination against Women. the compensation or reparation for the International Covenant on Civil violations human rights. and Political Rights; the International 5. Committee on the Protection of Covenant on Economic, Social and the Rights of All Migrant Workers and First: International protection Cultural Rights; the Convention on Members of Their Families mechanisms in force: the Suppression and Punishment of 6. Committee on the Rights of Per- the Crime of Apartheid; the Conven- • Non-treaty mechanisms and trea- sons with Disabilities. tion on the Elimination of All Forms of ty mechanisms for the protection of Discrimination Against Women; the 7. Committee on Enforced Disap- human rights. Convention against Torture and Other pearances. • Regional mechanisms for the pro- Cruel, Inhuman or Degrading Treat- The competence to decide the com- tection of human rights. ment; the Convention on the Rights plaints of a State against a State is of the Child; the International Con- restricted to the following treaty com- • General Assembly and Security vention against Apartheid in Sports; mittees: Council. the International Convention on The following is a brief descrip- the Protection of the Rights of All 1. Committee on the Elimination of R tion of the nature of some of these Migrant Workers and Members of acial Discrimination. mechanisms: Their Families; the International Convention for the Protection of 2. Committee on the Elimination of Treaty and non-treaty based mech- All Persons from Enforced Disap- Discrimination Against Women. anisms for the protection of hu- pearance; and the International 3. Committee against Torture. man rights: Convention on the Rights of Per- sons with Disabilities. 4. Committee to protect the rights a. Non-treaty based mechanisms: of migrant workers and their family ing to international protection did not on complaints from individuals and Terms of reference of these com- Dr. Nash’at Mufdi Al-Maasfeh members. provide a definition thereof, but pro- countries. These are mechanisms that have not mittees: receiving and studying re- emerged from treaties, but rather are vided a set of procedures that oblige ports and issuing comments, but 5. Human Rights Council. Both international humanitarian law States whether this obligation is legal In general, international protection is procedures required by the neces- there are certain terms of refer- and human rights norms seek to or moral, and these procedures vary at various levels, including the inter- sities of the protection of human ence for some committees, which Individual complaints or State com- promote and protect human life and from one international body to anoth- nal level. It is clear that the protec- rights; still, they have high moral include aspects related to investi- plaints against other States Individual dignity from human rights violations. er and from regional to international tion of the rights of the individual value due to the standards they es- gation, fact-finding and receipt of complaints or complaints by a State However, the issue of providing real organizations. In general, we can say is first initiated by his own State tablished for the State's human rights governmental or individual com- against a State shall not be received guarantees for the defense and com- that international protection offers a through national laws and regu- practice. Over time, they rise to the munications. In the framework of under the above-mentioned agree- pensation of victims from States or in- range of ways or means adopted by lations and through the filing of level of international custom, includ- investigation and fact-findingthere ments unless the States recognize dividuals is a matter that raises many the United Nations and institutions cases directly through competent ing: recommendations, declarations is a procedure known as the special the competence of the Commit- jurisprudential and legal differences. emanating from it to ensure the im- national courts even if the com- and principles. The most important of nature, as is the case with the “Com- tee to receive complaints, that is, Some gave a wide meaning to these plementation and monitoring of per- plainant is an individual residing which are the Universal Declaration mittee on the Elimination of All Forms not only the State's ratification of the guarantees, and some gave limited formance and actual practice related outside the State or a citizen of an- of Human Rights (1948) and the of Discrimination Against Women” Convention is required, but also the meaning. It is noted that the conven- to human rights, as well as the prepa- other State. There’s also the inter- Basic Principles on the Independ- and the “Committee against Torture.” instrument of ratification should be tions, treaties and declarations relat- ration of their reports and follow-up national level, whether (regional or ence of the Judiciary (1985). enclosed with another document ex-

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Articles pressing the State’s acceptance of communications from any person, or arrangements, or other peaceful ty the right to bring the matter to punish the offender for his actions sure reparation. the Committee's competence to re- group, NGO recognized by the means of their own choice.” the attention of the Security Coun- and deterring others. This distinction ceive these types of complaints. Organization of African Unity or cil, and this means that the Charter is important, as it implies that com- By reviewing the text of articles 33, a Member State of the United Na- has affirmed the duty of all States pensation is estimated to the extent As a result, the trend in international • Regional mechanisms for the tions with respect to any matter 34 and 35, we find the following: to maintain international peace of the harm, while the penalty is for protection of human rights: law tends to recognize that any effec- covered by this Charter. • The text of the article used the term and security, including: the offender's fault and the degree of tive redress involves a positive obli- a. The European Court of Human - the parties to any dispute - without seriousness. Compensation is also gation on the part of the State to as- • The Security Council and the States Parties to the conflict. defined as a specific form of repara- Rights: General Assembly: being required to be a member or sist persons without access to justice. non-member, and this matter is con- b. Member States of the United Na- tion that seeks to provide monetary or International human rights bodies The European Court has the power to The Security Council is one of the firmed by Article (35) granting non- tions. economic services for certain dam- have also considered that the right receive individual complaints against most important and effective organs member States the right to resort ages, whether material or moral, of a to effective redress means that alle- all States that have ratified the Eu- of the United Nations, where the Char- to the Security Council to resolve c. States not Members of the United financial or non-financial nature. gations of violations are investigated ropean Convention on Human ter has entrusted it with the primary their disputes under conditions. Nations. promptly, in depth, and effectively by Rights. For example, the State must It is also intended as an obligation of responsibility for the maintenance d. General Assembly: As regards the a State in the wake of violations of the independent and impartial bodies. ratify the first Optional Protocol to of international peace and security. • We often find that the circumstanc- the right to education in order for the es of the conflict do not allow the par- General Assembly, it may draw the human rights of another State and Second: The right to redress Chapter VI of the Charter regulates attention of the Council to situa- its nationals by providing adequate Court to receive complaints concern- how the Council shall resolve dis- ties to exhaust peaceful methods so for compensation (repara- ing the right to education. Article 34 that it is necessary to expedite the so- tions which are likely to endanger compensation for damages suf- putes peacefully. The international international peace and security. fered. Compensation also means the tion). of Protocol No. 11 states: “The Court conflict is “the situation created by the lution; and this is evidenced by Article amounts of money that are neces- International law guarantees the right may receive applications from any clash of views between two States or 34, which gave the Security Council e. Secretary-General: Article 99 sarily intended to compensate for the to redress for victims by demanding person, nongovernmental organiza- more, or their interests are in con- on its own to examine any dispute or states that "The Secretary-Gen- losses caused or incurred therefrom. compensation for them. The right to tion or group of individuals claiming flict on a subject or a matter which at position and put its hand on the con- eral may bring to the attention of redress is an urgent need to ensure to be the victim of a violation by one first seemed contradictory, but in the flict. the Security Council any matter The most prominent rights of victims fair and adequate compensation. In- of the High Contracting Parties of the case of rapprochement between the which in his opinion may threaten of human rights violations are as fol- • The means to deal with disputes ternational human rights law not only rights set forth in the Convention or two parties, the disagreement can be the maintenance of international lows: is purely the choice of parties, but provides for the right to compensa- the Protocols thereto.” addressed and resolved peacefully peace and security." there are conflicts whose continuation of victims, but also requires that and diplomatically." Reading the texts First: The rights to redress, b. The European Court of Human tion may itself be a threat to interna- States shall have the responsibility to contained in Chapter VI and VII of the Second: Rights of victims of the truth and justice: and Peoples' Rights: tional peace and security. ensure in their domestic law the pro- Charter, we could see that they have human rights violations: In order to ensure the effectiveness of cedures for obtaining it. The definition Its jurisdiction extends to all cases linked between the maintenance of • There are many conflicts which by 1. Right to redress, the truth and jus- these rights, procedures and access of the ‘victim’ is introduced in the Dec- and disputes brought to it con- peace and security in the world and nature are difficult to solve such as tice. to them must be easy and uncompli- laration of Basic Principles of Jus- cerning the interpretation and ap- the peaceful resolution of inter- political disputes that are difficult to cated. Here, we should take into con- tice for Victims of Crime and Abuse plication of the Charter and the Proto- national disputes, noting that the solve by the judiciary and arbitration. 2. Right to compensation (redress). sideration the health, psychological of Power, where article 1 of which col on the Establishment of the Court source of most wars is positions that and physical condition of the victims stipulates that victims are: "Persons and any relevant human rights instru- parties, all or some, reject to resolve • Some disputes are difficult to re- In short, the right to redress gives who underwent such violations. The who, individually or collectively, have ments to which the States parties peacefully; then a party, or more, resolve because they require the con- victims the opportunity to defend Human Rights Committee also em- suffered harm, including physical or concerned have ratified, including sorts to the use of force. Article 33 of sent of the parties to the dispute to themselves against human rights vio- phasizes the need to take into con- mental injury, emotional suffering, the Universal Declaration of Human the Charter states that “The parties resort to the judiciary. lations. The right to the truth is binding on the State to investigate human sideration the vulnerability of certain economic loss Rights and the United Nations human to any dispute shall, first of all, seek • Articles 34 and 35 of the Charter rights violations and to expose the groups of people that such persons rights treaties. The Court shall hear a solution by negotiation, enquiry regulate the ways in which the Se- or substantial impairment of their fun- truth to the public. The right to justice should receive judicial assistance. cases brought by the relevant non- and other peaceful methods, and curity Council can put its hand on a damental rights, through acts or omis- involves swift and effective treatment The Committee further affirms that governmental organizations which resort to international agencies if conflict or situation that threatens sions that are in violation of criminal against human rights violations, and redress should include the cessation have observer status before the Com- the dispute is likely to endanger international peace and security. Ar- laws operative within Member that States are obliged to combat im- of the violation, reparation for the re- mittee, and individuals may bring the maintenance of international ticle 34 of the Charter states: "The punity and bring the perpetrators to sulting harm, as well as prevention of States ..” Many human rights treaties cases directly to the Court if their peace and security.” Security Council may investigate any justice. As for the right to compensa- recurrence. This is also confirmed by provide for the right of victims to com- State party has made a declaration dispute, or any situation which might Article 33 of the Charter states that tion or redress, it guarantees the right the European Court of Human Rights pensation or other remedies (repara- allowing such direct proceedings. lead to international friction or give “The parties to any dispute, the to compensation in addition to restor- and the African Commission on Hu- tion or fair satisfaction) for violations rise to a dispute, in order to deter- c. African Committee of Experts continuance of which is likely to ing the previous rights. man Rights stating that redress proof Human rights, and the right to com- mine whether the continuance of the on the Rights and Welfare of the endanger the maintenance of inter- cedures must be carried out in the pensation is also enshrined in inter- dispute or situation is likely to endan- It is important to know the meaning Child: national peace and security, shall, best of time (Eg, as soon as possi- national humanitarian law. first of all, seek a solution byne- ger the maintenance of international of compensation as it is defined as: ble), that the injured person has the It deals exclusively with complaints gotiation, enquiry, mediation, con- peace and security.” Reading the text Reparation for the injury suffered by right to judicial representation, free Finally, we find that the principles concerning the rights of the child, ciliation, arbitration, judicial settle- of these two articles, we find that the the injured person, which is differ- judicial assistance when necessary, of the United Nations emphasized and the Committee may receive ment, resort to regional agencies Charter has given more than a par- ent from the punishment intended to and that effective redress must en- the need for compensation and

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Articles redress, and within estimates that assistance; medicines and medi- rights or the rights of their nationals. Rights Committee in Qatar does vide the necessary protection and ally if necessary. commensurate with the gravity of cal services; as well as psycholog- However, the issue is complex when - in a professional and distinc- support for individuals, and develop the violation and the circumstanc- ical and social services. individuals wish to submit complaints tive manner – where it carries out their capacities. The most prominent We all, as human rights defenders, es of each case, such as com- to international bodies. many tasks such as: the reception objectives of the National Human see the importance of establishing pensation for physical or mental Questions remain about mechanisms of complaints and the provision of Rights Committee in Qatar include clear rules for all the issues that harm; lost opportunities, including for reparation and compensation for Undoubtedly, the submission of necessary legal advice as the mis- monitoring and documenting human have been raised over the past employment, education and social human rights violations, which are individual and international com- sion of the Committee is to protect rights violations, in addition to provid- decade and the need to find urgent benefits; material damages and intertwined and incompatible in other plaints is supposed at the outset to and promote the human rights of ing victims of human rights violations solutions for such issues before they loss of earnings, including loss of respects. A number of conventions re- gather information and investigate all those subject to the jurisdiction with diverse information along with are exacerbated. In addition, we see earning potential; moral damage; quire ratification by States to be able the facts extensively and in depth. of the State of Qatar (citizens, resi- legal and social support services. the need to spread these rules to all costs required for legal or expert to prosecute an aggression on their This is what the National Human dents and transient travelers). Consequently, the Committee guides countries and individuals in order to victims to national legal methods, i.e. achieve the best rules of redress. In order for the National Committee courts and specialized bodies, as well to achieve this mission, it seeks to as following-up on cases internation- raise awareness of these rights, pro-

References 1. Dr. Mufeed Shehab "Protection of Prisoners and their Rights; Studies in International Humanitarian Law", prepared by a group of specialists and experts, Cairo, Dar Al Mustaqbal Al Arabi, 2000. 2. Heba Abdulaziz Al-Modwar, “Protection from Torture in the Context of International and Regional Agreements”, Beirut, Lebanon, Halabi Rights Publications, 2009. 3. “Social and Economic Rights,” Center for Business and the Center for Economic and Social Rights in Nigeria, Oc- tober 2001. 4. Ahmed Abu Al-Wafa, “International Protection of Human Rights in the framework of the United Nations”, Beirut, Lebanon, Dar Al-Nahda Al Arabiya, 2006. 5. Ashraf Fayez al-Mousawi, “International Criminal Court”, Cairo, Egypt, 2000. 6. Abdel Aziz Khanfoussi, “The Right to Redress, Human Rights Violations,” published article, Journal of Human Rights Generation, No. 1, Lebanon, 2013. 7. Dr. Alaa Al-Anzi, Research entitled "The Concept of International Protection of Human Rights and Constraints Fac- ing Them", Journal of the al-Mohaqeq, Legal and Political Sciences, Second Issue, Sixth Year, Babylon University, Iraq. No date. 8. UN. "Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of Interna- tional Human Rights and Humanitarian Law", Doc. E / CN.4 / RES / 2005/35, 20 April 2005. 9. The Right to Restitution, Compensation and Rehabilitation for Victims of Gross Violations of Human Rights and Fundamental Freedoms, Final Report of the Special Rapporteur, Mr.M.Cherif-Bassiouni, Submitted in Accordance with Commission Resolution 1999/33. E / CN.4 / 2000/62, 18 January 2000. 10. Symposium on Victims in International Criminal Law. Journal of International Criminal Justice 8, no. 1 (2010) 11. Read more: http://www.staralgeria.net/t4497-topic#ixzz4vhJhMQ3R

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Studies

Rome Statute but have not yet rati- members of the group; causing seri- members of armed forces who have fied it. ous bodily or mental harm to mem- laid down their arms and those placed International Criminal Court bers of the group; deliberately inflict- hors de combat by any other cause Section I: Jurisdiction of the ing on the group conditions of life and: serious violations of the laws "And the responsibility of the international community" Court calculated to bring about its physical and customs applicable in armed From the preamble to the Rome Stat- destruction in whole or in part; im- conflicts not of an international char- ute of the International Criminal Court, posing measures intended to prevent acter, within the established frame- the jurisdiction of this Court tackles births within the group and; forcibly work of international law. Dr. Anwar Mohammed Sedqi Masa’deh transferring children of the group to the most serious crimes of concern 4. The crime of aggression: to the international community as a another group. Abstract: this is one of the crimes covered by whole. Article (5) of the Rome Stat- 2. Crimes against humanity: the jurisdiction of the International ute sets forth in its first paragraph the The International Criminal Court is an without the cooperation of all coun- derlying the Court; each in a separate Article (7) of the Rome Statute de- Criminal Court. It is worth mentioning definition of such crimes as follows: international instrument for resolving tries, and this stems from the premise section. fines acts constituting crimes against that there is no agreement on a spe- international disputes. The nature of that global security is no less impor- 1. The crime of genocide: Ar- humanity, as such: murder; extermi- cific definition of this crime and there these disputes is that of the interna- tant than national security. A coun- Introduction: ticle (6) of the Statute nation; enslavement; deportation or is a great international disagreement tional community, such as its attach- forcible transfer of population; impris- about this. However, in 2010, mem- try that does not cooperate in these On July 17, 1998, 12 countries at defines ment to States. Therefore, the rules onment or other severe deprivation ber states of the International Crimi- procedures and this kind of issues a meeting of the United Nations acts of of jurisdiction, investigation and trial of physical liberty in violation of fun- nal Court agreed to amend the Rome may be a victim thereof at any time, General Assembly in Italy ap- geno- are also international in nature. That damental rules of international law; Statute establishing the Court to de- and accordingly, will need the coop- proved the so-called Rome Stat- cide as is, the Rome Statute establishing the torture; rape or sexual slavery; perse- fine the crime of aggression as “the eration of other States. In addition to ute and considered it the basis such: kill- Court imposes on States many obli- cution against any identifiable group, planning, preparation, initiation or that, signing the Statute establishing for the establishment of a perma- ing gations in order to reach the truth and enforced disappearance of persons execution, by a person in a position the Court "The Charter of Rome" has nent international criminal court. to realize the right. There is no way and; other inhumane acts of a similar effectively to exercise control over or many binding international obliga- (7) States opposed the idea while to access the truth in many cases character intentionally causing great to direct the political or military action tions. (21) abstained. The International without the cooperation of States at suffering, or serious injury to body or of a State, of an act of aggression Criminal Court (ICC) was legally es- all stages of the lawsuit. This is what In this sense, we will discuss briefly to mental or physical health. which, by its character, gravity and tablished on July 1, 2002 under the we witness now in the Gulf crisis the terms of reference of the Interna- scale, constitutes a manifest violation Rome Statute, which came into force that casts a shadow over the whole tional Criminal Court, the 3. War crimes: The juris- of the Charter of the United Nations." on April 11 of the same year, after region and the entire world. The pen- diction of the Court in- obligations imposed by the Rome more than (60) countries ratified it. etration of the Qatar News Agency cludes mainly: grave Under the resolution adopted at the Statute on the signatories to The number of States that have rati- website was made from other coun- breaches of the Ge- end of the Rome Charter Review the Statute of the Court fied the law of the Court has so far tries, geographically outside the bor- neva Conventions Conference, the blockade of the ports and the legal prin- reached (108), where they meet in ders of Qatar. of 12 August 1949; or coasts of a State by the armed forc- ciples un- an Assembly of Member States; other serious violations es of another State and the invasion here appears the issue of coopera- a body that monitors the work applicable in interna- or assault by the armed forces of a tion of States in the stage of col- of the Court. (41) other tional armed conflict, State on the land of another state are lecting evidence, the seizure States signed within the estab- all acts of aggression under the Char- of tools of crime and ex- the lished framework ter. The decision also indicated that tradition. There is no of international law; if the Prosecutor wished to proceed room to proceed acts committed dur- with the investigation of certain pos- in the proper ing an interna- sible cases, the matter could be reform tional armed ferred to the Security Council. When conflict; acts the Council confirmed the occurrence committed of an offense of aggression, the Pros- against per- ecutor would continue to investigate. sons taking no active part in the hostili- ties, including

1 See: Abdel Fattah Bayoumi Hejazi, Basic Rules of the International Criminal Court System, Dar Al Fikr Al Jame’i,, Alexandria, 2006, pp. 22 et seq. Younis Tlemceni, Abdel Wahab Label, Jurisdiction of the International Criminal Court, Study of the Statute of the Court, al-Malaf Journal, No. 14, Morocco, 2009. Associate Professor of Criminal Law, Department of Law, Ahmed bin Mohammed Military College, Doha, Qatar; former lecturer at Mu'tah University, Karak, Jordan; former Head of Law 2 See: Said Abdel Latif Hassan, International Criminal Court, Dar al-Nahda al-Arabiya, Cairo 2004, p. 267 et seq. Abd al-Qadir al-Kahwaji, International Criminal Law, Halabi Publications, and Human Rights, International Academy for Training Local Authorities, Dili-East Timor. Beirut, 2001, p. Mohamed Cherif Bassiouni, International Criminal Court, International Institute for Human Rights, University of Chicago, Dar Al-Sharq, Cairo, 2004, p. 54 et seq

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Studies

Section II: Obligations im- First: The Charter imposes a from referring any question or situa- steps to arrest the person in question these actions are not carried out if a view to facilitating the investigation posed by the Rome Statute general obligation on States tion relating to the non-cooperation of in accordance with its laws; A person there is no serious and genuine co- and prosecution of crimes within the on States parties to the Con- to cooperate: a State with the Court to the Security arrested shall be brought promptly operation from States. jurisdiction of the Court. vention of the Court: Council. And since the Rome Statute before the competent judicial author- The Charter of Rome gave a whole has remained silent on that, the case ity in the custodial State; The person With regard to documents, States 2. Commitment to ensure the appear- The Statute of the Court requires part for international cooperation in of the non-cooperation of a State may arrested shall have the right to apply parties are obliged to comply with the ance of witnesses and victims. The all States parties to cooperate fully the work of the Court. Article (86) therefore be referred to the Council. to the competent authority in the cus- provisions of cooperation under Part obligation in the field of witnesses within the jurisdiction of the Court. thereof laid down the general rule todial State for interim release pend- IX of the Rome Statute and the pro- and victims is that States accept and Cooperation with this Court includes on which such cooperation is based. Second: the obligation of ing appearance before the Court.” cedures of their national laws for re- comply with requests from the Inter- a number of obligations that States All States shall, seriously and based States to cooperate in the ar- quests by the Court for assistance in national Criminal Court to cooperate have to fulfill, and this includes vari- on goodwill, provide all aspects of rest or surrender of wanted This is one of the most important pro- investigating or prosecuting in some with or assist it in its investigations ous areas of general commitment cooperation to facilitate the work of persons to the Court: cedures related to cooperation with matters, inter alia, the service of doc- and in trial proceedings. As set out to cooperation, judicial assistance, the Court, not only in formality and the Court, since the accused and uments, including judicial documents in Part IX of the Rome Statute, this The arrest of accused persons is one cooperation of States in terms of al- in compliance with international obli- those wanted by the Court form the (first paragraph (D) of article 93). includes requesting the temporary of the most important procedures for lowing the Prosecutor to conduct in- gations. This was the basis and the basis of any case. Hence, the interna- transfer of a person in custody for the conduct of an investigation and As for the evidence, cooperation is ex- vestigations on their territory, cooper- general rule on which the work of the tional obligation obliges those States purposes of identification or for ob- trial. As in the cases before the Court, tremely sensitive and important, and ation in terms of the implementation Court was based. Failure to comply to undertake the implementation of taining testimony or other assistance. the accused is within the jurisdiction therefore there is a certain need for of court judgments, cooperation in with a request for cooperation is one such procedure. The person being transferred shall re- of a State in the world. If the State is a each State to hand over its evidence terms of harmonization and facilita- of the reasons according to which main in custody. When the purposes signatory to the Statute, it is obliged to at the request of the Court or on its tion of the enforcement of the Rome the Court refers the matter to the Third: Compliance with re- of the transfer have been fulfilled, the implement the arrest warrant issued own merits. The Court may request Statute nationally. The Charter also Assembly of States Parties or to the quests for assistance and co- Court shall return the person without by the Court. This is stated in the text assistance in the taking of evidence, includes the steps and mechanisms Security Council if the case has origi- operation with the Court: delay to the requested State. (Art. 93, of article 59 of the Statute: "A State including testimony under oath, and that these States must undertake to nally been referred by the Security para. 7) Party which has received a request In order to achieve its ideal role, the the production of evidence, including achieve such cooperation. Council. Even in cases that are not for provisional arrest or for arrest Court needs the cooperation of States expert opinions and reports neces- referred by the Council, nothing in Fourth: Obligations of States and surrender shall immediately take in many aspects, including: sary to the Court (art. 93, para. 1 (b)). the Rome Statute restricts the Court in the field of investigation 1. Obtaining information, documents The evidence may be obtained from and warrants of arrest, search and evidence. This information may investigative procedures such as in- and seizure: terrogation and other proceedings. be important to the Prosecutor for States Parties shall be bound by the the purpose of initiating criminal pro- The first paragraph of Article 93 states those areas for which the Court has a provisions of cooperation contained ceedings before the Court and may in Part IX of the Rome Statute and be important during the course of request for assistance, in addition to the questioning of any person being under their national law procedures the investigation and prosecution. for requests from the Court for as- According to the Rome Statute, the investigated or prosecuted;. These include: the service of documents in- sistance in the field of investigation Prosecutor shall analyze the serious- and warrants of arrest, search and ness of the information received and cluding judicial documents; facilitating the voluntary appearance of per- seizure (Art. 93, para. 1 (c) and (h)). may seek additional information from States parties shall also comply with States, organs of the United Nations sons as witnesses or experts before the Court; the temporary transfer of requests from the Court for assis- or international Governmental or non- tance in determining the identification governmental organizations, or any persons as provided in paragraph 7; (the examination of places or sites, and whereabouts of persons or the other reliable sources he deems ap- location of items; (article 93, para- propriate. He may also receive a writ- including the exhumation and examination of grave sites; the execution of graph 1 (a)). (Art. 93, para. 1), in ad- ten or oral testimony at the seat of the dition to cooperation in the fields of Court (article 15, paragraph 2). When searches and seizures; the provision of records and documents, including the identification, tracing and freezing the Prosecutor initiates investigation, or seizure of proceeds, property and he or she, as per (article 53, para- official records and documents; the protection of victims and witnesses assets and instrumentalities of crimes graph 1) shall analyze the serious- for the purpose of eventual forfeiture, ness of information made available to and the preservation of evidence; the identification, tracing and freezing or without prejudice to the rights of bona him or her, and may therefore request fide third parties (article 93, paragraph additional information from States, seizure of proceeds, property and assets and instrumentalities of crimes 1 (k)) and the forfeiture of proceeds, or from the United Nations bodies, property and assets derived directly international intergovernmental or- for the purpose of eventual forfeiture, without prejudice to the rights of bona or indirectly from that crime, without ganizations or non-governmental or- prejudice to the rights of bona fide ganizations, or other reliable sources fide third parties; and any other type of assistance which is not prohibited third parties (article 77, paragraph 2 that deem appropriate. Of course, all (b)). 3 United Nations News Center, "After years of discussions, members of the ICC agree on the definition of the crime of aggression", 14 June 2010. by the law of the requested State, with

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Studies

Fifth: Cooperation in the en- 75, para. 5.) of the Court, they are detailed as fol- Section III: Principles of Jus- First: The principle of legali- Statute for conduct prior to the entry forcement of the orders of the lows: tice underpinning the Court ty: It is one of the established into force of the Statute." International Criminal Court: Sixth: Obligation of States to (4): principles in criminal law ; it allow the Prosecutor of the • The terms of imprisonment: It is B. No punishment except by : Article means that there is no crime 23 of the Statute of the International • Fines or forfeitures: States Parties Court to investigate on their stipulated that the prison sentence The Statute of the International or punishment except by text, shall give effect to fines or forfei- territories: is binding on the state of enforce- Criminal Court, together with other Criminal Court reads as follows: "A that is, it has two parts: person convicted by the Court may tures ordered by the Court under ment, and such a State may not features, is distinguished with its ref- be punished only in accordance with The Prosecutor may conduct inves- amend the sentence nor obstruct No crime except by text : Article Part 7, without prejudice to the erence to the general principles of A. this Statute." According to this provi- tigations in the territory of any State 22 of the Statute provides for the prin- rights of bona fide third parties, and the submission of any request to criminal law that can be applied by sion, no person charged with a crime Party to the Rome Statute; collect and ciple of legality: "A person shall not in accordance with the procedure appeal the sentence submitted by this Court, as well as numerous rules - in accordance with the Statute of examine evidence and request and be criminally responsible under this of their national law. If a State Party the sentenced person (article 104, relating to the case, the composition this Court and according to the defi- question persons being investigated, Statute unless the conduct in ques- is unable to give effect to an order paragraph 3). The court may re- and administration of the Court, the nition of the offense set forth in article victims and witnesses; seek the co- tion constitutes, at the time it takes for forfeiture, it shall take measures consider the commutation of the investigation of cases referred to it, 22 of the Statute - may be punished operation of any State or intergovern- place, a crime within the jurisdiction to recover the value of the pro- sentence when the prisoner has the rules of indictment, prosecution, by other than the penalties exclu- mental organization; and enter into of the Court." It further adds that “The ceeds, property or assets ordered served two-thirds of the sentence, international cooperation, judicial as- sively provided for in the Statute. The such arrangements or agreements, definition of a crime by the Court to be forfeited, without or 25 years in the case of life im- sistance among States, and other Court therefore only sentences life not inconsistent with this Statute. The prejudice to the rights of bona fide prisonment (art. 110, para. 3). The legal matters and various provisions. shall be strictly construed and shall imprisonment or provisional impris- Prosecutor shall maintain the confi- third parties. In addition, property, execution of a sentence of impris- The principles upon which the Court not be extended by analogy. In case onment for no more than 30 years, as dentiality of the information obtained well as fine and confiscation, unless or the proceeds of the sale of real onment entails the obligation of the relies in the performance of its func- of ambiguity, the definition shall be and shall take the necessary meas- the Statute is amended in the future property or, where appropriate, the State executing the sentence on tions are often derived from the prin- interpreted in favour of the person ures to ensure the confidentiality of being investigated, prosecuted or - and punishments other than those sale of other property, which is ob- its territory to ensure that prisoners ciples of the national jurisdiction of information, the protection of any per- convicted.” The principle of legality punishments have been added. tained by a State Party as a result have the right to communicate with States, with the exception of some of son or the preservation of evidence. is linked to the principle of non-ret- of its enforcement of a judgement the Court (art. 109). them relating to international criminal Second: The statute of limita- (article 54). Therefore, the Prosecutor roactivity on persons. In accordance of the Court shall be transferred to justice only. tions in international crimes: may conduct investigations outside with the principle of legality, which re- the Court. (art. 109.) • Orders of forfeiture or fines or the Court and in the territory of any reparation: States Parties shall quires that there should be a previous The statute of limitations is the pas- legal provision for each criminali- • The Court's Orders on Compen- State Party under certain terms and give effect to fines or forfeitures sage of time after the verdict of the zation, it is assumed that the penalty is passed without the imple- sation for Victims of Crimes: The conditions provided for in the Coop- ordered by the Court under Part criminal effect of the text mentation of this penalty, and the eration Section of the Rome Statute. 7, without prejudice to the rights Rome Statute provides for the pro- is not extended to pre- right of the society to carry out the visions of this Question, which we of bona fide third parties, and in vious behavior. This is punishment is dropped. The passage briefly address: Seventh: Cooperation in the accordance with the procedure of enforcement of the judg- the principle of non- of time in the law entails non-enforce- their national law (art. 109, para. 1). retroactivity on per- ment of sanctions and precautionary 1. The Court shall establish princi- ments of the Court: If a State Party is unable to give ef- sons, as per Article 24 measures. As for procedures, the ples relating to reparations to, or in With respect to the implementation of fect to an order for forfeiture, it shall of the Statute, which statute of limitations leads to the drop respect of, victims, including restitu- reads as follows: " No these judgements for the States par- take measures to recover the value of the public right suit. As regards tion, compensation and rehabilitation person shall be crimi- ties to the Treaty, the Rome Statute of the proceeds, property or assets crimes within the jurisdiction of the (art. 75 para. 1.) nally responsible un- has shown that the Court shall have ordered by the Court to be forfeited International Criminal Court, the Stat- der this ute expressly states in its article 29: international legal personality. It shall (art. 109, para. 2). Property, or the 2. The Court may make an order "The crimes within the jurisdiction of directly against a convicted person also have such legal capacity as may proceeds of the sale of real property or, where appropriate, the sale the Court shall not be subject specifying appropriate reparations to, be necessary for the exercise of its to any statute of limitations.” or in respect of, victims, including res- functions and the fulfilment of its pur- of other property, which is obtained titution, compensation and rehabilita- poses (article IV, paragraph 1), and by a State Party as a result of its tion (art. 75, para. 2.) that the sentence of imprisonment enforcement of a judgement of the shall be served in a State designated Court shall be transferred to the 3. The Court may invite and shall by the Court from a list of States which Court. (art. 109, para. 3). take account of representations from have indicated to the Court their will- or on behalf of the convicted person, ingness to accept sentenced persons victims, other interested persons or (Article 103, paragraph 1). At the time interested States (art. 75, para. 3.) of declaring its willingness to accept sentenced persons, a State may at- 4. The Court may determine wheth- tach conditions to its acceptance as er, in order to give effect to an order agreed by the Court and in accord- which it may make under this article, ance with provisions contained in the 4 it is necessary to seek certain meas- See in detail: Lindh Muammar Yashwi, standing International Criminal Court and Jurisdiction, First Edition, Dar Al Thaqafa for Publishing and Distribution, Amman, 2008. Cooperation section of the Statute The Role of the International Criminal Court from the Interim Courts to the International Criminal Tribunal for the Former Yugoslavia (ICC), Dar al-Thaqafa for Publishing and ures. 5. A State Party shall give effect Distribution, Amman, 2007, by Suhail Hussein Al-Fatlawi, 2008. Abdel Fattah Bayoumi Hijazi, The International Criminal Court, The General Theory of International Crime, The Theory of to a decision under this article (art. Jurisdiction of the Court, Legal Publishing House, Cairo, 2008. Abdel Fattah Bayoumi Hejazi, Basic Rules of the International Criminal Court System First Edition, Dar al-Fikr al-Jame’i Of the Court. As for the judgments for publication, Alexandria 2006.

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Studies

Fourth: The principle of non- provision shall be issued before the the offenses referred to in the Statute, References: retroactivity of the criminal judgment becomes final, i.e., before where a person is presumed to bear text: the judgment becomes enforceable; criminal responsibility if he or she car- 1. Ahmed Iskandari, Mohamed Nasser Bougazala, Lectures on International Public Law, Introduction and International and the new law shall be more fa- ries out a set of specific acts. This, of Treaties, Dar Al Fajr Publishing and Distribution, Cairo. This rule is intended to mean that vorable to the accused. This is when course, gives this type of crime a spe- 2. Bou Ghazaleh Muhammad Nasser, Conflict between the Treaty and the Law in the Internal Field, Ph.D. thesis, The the penal and punitive text is not ap- the accused has a better position cial nature, since the general rule is Institute of Law, Ben Aknoun, 1996. plied to the preceding acts. It is not than that in the old law, like abolish- that the punishment varies between permissible to criminalize an act that ing or reducing certain offenses or the partners of the crime, based on 3. Thaqal Saad al-Ajmi, Facts on Privatization and International Legitimacy, An article published in the electronic news- was originally permissible or to im- certain penalties, or when there is a the role played by each of them, in- paper Al-Ann, Kuwait, 3/5/2010. pose a heavier penalty even though decision of parole without canceling cluding the original actor, the partner the penalty was lighter in the provi- the crime itself. and the instigator. In international 4. Gamal Abdel-Nasser Mana, International Public Law, Dar Al Fikr Al Jame’i, Alexandria. sions of the old law. To know the law crimes, all degrees of the offense are 5. Haider Abdel Razzaq Hameed, Evolution of the International Criminal Judiciary from the Interim Courts to the stand- applicable to the committed act, two Fifth: The principle of equal punish- equal. things should be checked: the time ment for all contributors: ing International Criminal Court, Legal Books Publishing House, Cairo, 2008. when the law was put into force and The Statute of the Court adopted this 6. Said Abdel Latif Hassan, International Criminal Court, Dar al-Nahda al-Arabiya, Cairo 2004. the time when the crime was commit- principle in Article 25, equating all ted. The rule of the most favorable 7. Suhail Hussein Al-Fatlawi, Imad Mohammed Rabie, Encyclopedia of International Humanitarian Law, First Edition, contributors with law to the accused is an exception to Dar Al-Thaqafa for Publishing and Distribution, Amman, 2007. the rule of immediate effect of legal texts. According to this rule, the effect 8. Abdel Fattah Bayoumi Hejazi, The International Criminal Court, The General Theory of International Crime, The of the new law is applicable to the in- Jurisdiction of the Court, The Legal Publishing House, Cairo, 2008. cidents that occurred at a date prior 9. Abdel Fattah Bayoumi Hejazi, Basic Rules of the International Criminal Court System, Dar Al Fikr Al Jame’i, Alex- to its entry into force, since this law andria, 2006. places the accused in a better legal position than its predecessor, that is, 10. Abdel Fattah Bayoumi Hijazi, Basic Rules of the International Criminal Court System, First Edition, Dar Al Fikr Al it is more favorable to the accused. A Jame’i, Alexandria, 2006. law is more favorable to the accused if it commutes punishment or makes 11. Abdelkader El-Kahwaji, International Criminal Law, Halabi Human Rights Publications, Beirut, 2001. an act not punishable. Therefore, to 12. Lindh Muammar Yashwi, standing International Criminal Court and Jurisdiction, First Edition, Dar Al-Thaqafa for apply the most favorable law to the Publishing and Distribution, Amman, 2008. accused before the International Criminal Court, the following condi- 13. Mohamed Sherif Bassiouni, International Criminal Court, International Institute for Human Rights, University of tions must be met: The new Chicago, Dar Al-Sharq, Cairo, 2004. 14. United Nations News Center, "After years of discussion, members of the International Criminal Court agree on the definition of the crime of aggression", 14 June 2010. 15. Younis Tlemceni, Abdel Wahab Label, Jurisdiction of the International Criminal Court, Study of the Statute of the Court, al-Malaf Journal, No. 14, Morocco, 2009. 16. HWARZENBERGER. International Law, Third Edition, pp 68-69.

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Legal Library

Combating Illegal Immigration Trafficking in women and children in the Arab region A regional perspective Contents of the book: The author addressed many concepts related to illegal immigration, Contents of the book: methods of combating, how to deal with this phenomenon and related legal treatments. The author discusses important issues related to human trafficking in the Arab region. Among the topics discussed are the Convention on the The book includes two main sections and each section contains many Elimination of All Forms of Discrimination against Women, the Convention themes, which in their entirety dealt with the challenges posed by this illegal on the Rights of the Child, the Convention against Transnational Organized immigration. Crime and the Protocol to Prevent, Suppress and Punish Trafficking in The book is worth reading, whether for personal benefit or as a reference Persons, Especially Women and Children. Some examples have been to be used in studies and related research. given regarding their activities in these conventions. wish you a very enjoyable read The information provided by the author can be summed up as follows: The root causes of human trafficking, the responses of States to combating trafficking in human beings, national laws against trafficking in human Author: Dr. Hassan Hassan Imam Sayed Al – Ahl beings, national efforts exerted to prevent trafficking and protect victims, Year: 2014 and finally policy recommendations at the national level, civil society and the United Nations. Publisher: Dar Al-Fikr Al-Jami’e -Alexandria It is a book that deserves to be read for its dimensions in understanding the gross violations of human rights. wish you a very enjoyable read

Author: Issued by the United Nations Economic and Social Commission for Western Asia ESCWA Year: 2013 Publisher: United Nations, New York

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Inquiries

Is it permissible to impose Is it permissible for the em- What is the maximum or- Does the worker receive a Does the worker have the Is it permissible for the em- a penalty on the offending ployer to receive interest on dinary working hours for a weekly paid rest? right to paid sick leave for ev- ployer to terminate the ser- employee without informing the loan he may grant to the worker? ery year of his service? vice contract or to notify the him? worker? worker of the termination thereof during any of his pe- riods of leave provided for in this law.?

Yes. Article 75 of the same law stipulates that “the period of rest shall not be less than twenty-four consecutive hours, and Friday shall be the weekly rest day for all workers. If the circum- Article 73 stipulates that “The maxi- stances of the work necessitate the mum ordinary working hours shall be employment of the worker during the No, it is not permissible. Article 62 forty four hours per week at the rate rest day, the worker shall be com- of the Labor Law provides that “The No, it is not permissible, in accord- of eight hours per day with the excep- pensated for the rest day by another worker shall not be penalized before ance with Article 70 of the same law. tion of the month of Ramadan when day, and shall be paid for working his being informed of the accusation the maximum working hours shall be that day the wage payable to him for against him and being inquired into in How is the worker's wage cal- thirty six hours per month at the rate the ordinary weekly rest day or his writing. The inquiry may be oral in the culated during the annual or of six hours per day.” basic wage plus an increase of not case of minor violations provided that sick leave and his end of ser- less than 150%. With the exception the report of inquiry shall be filed in vice gratuity? Is it permissible to employ of shift workers, a worker shall not be the record of the particular register of workers for additional hours? required to work more than two con- the worker.” secutive Fridays.” What leave is the worker entitled to annually with full pay?

Yes, he does, in accordance with the provisions of Article 82 of the same law. Such leave “shall not be granted unless after three months from the commencement of his en- gagement for the first time provided that the worker proves his sickness Yes, it is permissible, in accordance According to the provisions of Article by a certificate from a physician ap- with article 74 of the same law, pro- (78) of the same law, the leave should proved by the employer. The worker According to Article (72), it is calcu- vided that the actual working hours Is it permissible to inflict be as follows: shall be paid his full wage if the sick lated on the basis of his basic wage per day shall not exceed ten hours leave does not exceed two weeks. If more than one penalty on the 1. Three working days for Eid EI-Fitr on the date of entitlement; and if unless the work is necessary for the the sick leave extends thereafter the worker for the single viola- No, it may not be in accordance with the worker is employed on a piece- prevention of gross loss or danger- 2. Three working days for Eid Al-Adha worker shall be paid half of his wage tion? for other four weeks. The extension the text of Article (85) of the same by-piece work basis, the entitlement ous accident or for the repair or al- 3. One working day for the Independ- of the sick leave thereafter shall be law, nor shall he notify the worker of No, it is not permissible, in accord- shall be calculated on the basis of his leviation of the consequences of the ence Day without pay until the worker resumes the termination of the contract if the notification function ends during any ance with the provisions of Article average wages for the three months said loss or accident. The employer 4. Three working days to be specified his work or resigns, or his service is such leave. (62) of the same law. preceding the date of entitlement. shall pay to the worker by the employer. terminated for health reasons.”

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Inquiries

Is the woman paid a wage What is Wages Protection What are the situations in 4. If the worker fails more than once equivalent to the wage pay- System (WPS)? which the employer may dis- to carry out his essential duties under able to a man if she performs miss the worker without no- the service contract or this law despite his having been notified in writ- the same work? tice and without granting him ing thereof. end of service gratuity? 5. If the worker discloses the secrets of the establishment where he is employed. 6. If the worker is found during the working hours in a state of drunken- Awareness Platforms ness or under the influence of a drug. (Right to Education 3/4) 7. If the worker commits an assault on the person of the employer, the In the previous two sections, I addressed the importance manager or one of his supervisors in of education and its active role in the social and economic the work during the work or by reason - it is a comprehensive electronic sys- development process in society. The critical issues in the field thereof. tem that monitors and documents the of education are multiple, and all require a kind of balance, for disbursements of workers in enter- 8. If the worker repeats his assault on example: cost - the money spent on education - versus the prises subject to Labor Law No. 14 of his colleagues in work despite his be- outcomes and the preparation of graduates - all are positively 2004 in order to ensure that employ- ing warned in writing thereof. reflected on the development process. ers pay the workers their wages on a 9. If the worker absents himself from Yes, as provided for in Article (93) of regular basis and in accordance with work without legitimate cause for As for the outcomes, a balance between the numbers and the same law. the rules and conditions stipulated in more than seven consecutive days or the quality of the outcomes (disciplines) must be created the Labor Law. fifteen days in one year. and strengthened. It is desirable to increase the number of Is it permissible for the em- the educated people in the society, but this growth may have ployer to terminate the con- How is the end of service gra- 10. If the worker has been finally sentenced for a crime involving immoral- negative repercussions when there is an accumulation of tract of the working woman tuity paid to the worker? ity or dishonesty. numbers of graduates in certain disciplines such as educational, due to her marriage or to ob- psychological and social disciplines, while diminishing the number tain a maternity leave? of graduates in disciplines that are predominantly scientific. Such a phenomenon may be relatively common in developing countries with a social structure dominated by customs and traditions that hinder the enrollment of girls in predominantly male specialties Article (61) of the same law stipu- and encourage their enrollment in educational, psychological lates the following instances: and social disciplines. 1. If the worker assumes a false iden- tity or nationality or submits false cer- Such a situation of imbalance in the turnout of specializations tificates or documents. has created a surplus in certain disciplines and a shortage in 2. If the worker commits an act which others. So, it is necessary to raise awareness on the importance Article 54 of the same law provides causes gross financial loss to the of all disciplines and avoid focusing on a particular specialty that “the employer shall pay the end employer provided that the employer based on gender. Such a trend will meet the requirements of of service gratuity to the worker who shall notify the Department of the in- the labor market including the private and public sectors when has completed employment of one cident within twenty-four hours from there is need for employment. In this sense, graduates will be the time of his being aware thereof. year or more. This gratuity shall be treated professionally, and this will reflect positively on the overall agreed upon by the two parties, pro- 3. If the worker violates more than development process. vided that it is not less than a three- once the written instructions of the week wage for every year of employ- employer concerning the safety of ment. The worker shall be entitled to the workers and the establishment gratuity for the fractions of the year in despite his being notified in writing of proportion to the duration of employ- the violation provided that these in- No, he may not do so, in accordance ment, and the employer is entitled to with the provisions of Article (98) of structions shall be written and posted deduct from the service gratuity the up in a conspicuous place. the same law. amount due to him by the worker.”

Al SAHEEFA Magazine - Issue (25) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar Request

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