Skirting the law Thursday, 15 December 2011 02:53

It happens in Qatar both in government and in the private sector. One example is the Qatarisation programme. The law restricts government organisations from hiring foreign workers in administrative jobs that do not require a high level of skill and require them to appoint Qatari citizens for these jobs. However, some organisations try to bypass this law and hire a foreign worker at a higher position.  For example, the employment contract may show they are hiring a foreign worker to fill the position of an academic or an adviser, while in actuality this employee is hired to handle an administrative job.

Similarly instances of circumvention can be seen in the medical fitness examination and visa issue. Some people, who fail the medical test or whose application is rejected by the Labour Department, come on visit visas and when their visa expire, they leave the country for few days and come back again on another visit visa.

Jobs and visas are, however, not the only areas that people try to sidestep the law but also in business and more important areas.

Some circumventing happens in private businesses purportedly reserved for Qataris. Also, expatriates cannot open some types of business without a Qatari partner holding 51 percent of the business, some people file for the business as a 51-49 partnership, while they sign a secret contract stating otherwise. Sometimes they even state the business is 100 percent owned by Qatari in order to avoid taxation.

Circumvention of law happens in all countries and at all levels of society, but it is more common among people in high positions or those with influence in government or organizations.

What mechanism should the government build in order to prevent this?

Qatar has always been at the forefront in the fight against corruption. The country has partnered with international organisations like the United Nations and has put in place laws that allow for more transparency in the government.

Recently, it set up its own regulatory body, the ‘Administrative Control and Transparency Authority’, as an anti-corruption watchdog that would keep a close watch on ministries and state agencies to make sure they operate with transparency and their officials do not misuse public funds or properties and their administrative powers.

This is a good indication that Qatar is serious about tackling corruption not only internationally but also locally.

The government should make it a priority for these organisations to create a mechanism that prevents the practice. It should also take the initiative to launch a campaign, especially since this type of operation cannot be handled by individual organisations without the government’s support and backing.  

By having an instrument that allows the government to keep track of violations of laws and the practice of circumventing them will, for sure, lessen the number of people trying to bypass them.

The newly elected President of Tunisia Moncef Marzouki once said that corruption exists in all societies and is like the bad grass that grows and is difficult to remove.

The important thing is to have a machine that cuts the growth of the bad grass so that it doesn’t encroach on the garden.

Islam, as a religion, condemns corruption and the practice of circumventing the law. It is important then that we as a Muslim people put into practice these Islamic values, which call for fighting against such immoral and under-handed practices because the best interest of the group should come before individual interests.

The Peninsula