DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
and over 4,000 Filipino workers were required to go on forced leave due to the pandemic.143 The
Department of Labor and Employment (DOLE) recently evacuated more than 1,000 OFWs in
distress in Qatar in three separate batches on chartered flights.144 Those evacuated have been
stranded and displaced due to the COVID-19 pandemic. It is reported that DOLE has already
assisted in the repatriation of 2,327 OFWs since the onset of the global pandemic this year.
B.3.b. Citizenship
Under Article 41 of Qatar’s Constitution, “Qatari nationality and the rules governing it shall
be prescribed by law.”145 The acquisition of Qatari Nationality is set out in Law No. 38 of
2005 (repealing the Nationality Law previously in place, The Qatari Nationality Law No. 2
of 1961).146 Under Article 1(4), Qatari citizenship is conferred primarily on the basis of the jus
sanguinis principle from the father.
Article 1 of the Qatari Law No. 38 deems the following persons to be Qatari nationals:
1.
Those residents of Qatar who have been resident in the country since 1930 and who
maintained regular legal residence in the country until the enforcement date of Law
No. 2 of 1961.
2. Any person who is proved to be of Qatari descent, albeit in the absence of the
conditions set forth in the preceding sub-article, and additionally, any person in
respect to whom an Emiri decree has been promulgated.
3.
Persons to whom Qatari nationality has been reinstated in accordance with the
provisions of law.
4.
Any person born in Qatar or in a foreign country to a Qatari father in accordance with
the preceding Articles.
No provision is made for citizenship to be conferred on the children of Qatari mothers.
Qatari Law No. 38 does provide for naturalization, including with “priority…given to those
applicants who have a Qatari mother,”147 but this provides very limited effect because under
Article 17 of the same Law, “Qatari nationality shall not be granted to more than 50 applicants
in one calendar year.”
Darryl John Esguerra, 1,645 Filipino workers in Qatar displaced due to COVID-19 pandemic, 5 May 2020, available at: https://
globalnation.inquirer.net/187484/1645-filipino-workers-in-qatar-displaced-due-to-covid-19-pandemic-envoy.
143
Department of Labor and Employment, News Release: DOLE repatriates 1,062 OFWs from Qatar, 11 August 2020, available
at: https://www.dole.gov.ph/news/dole-repatriates-1062-ofws-from-qatar/.
144
145
Qatar: Constitution [Qatar], 2004, available at: https://www.refworld.org/docid/542973e30.html.
Qatar: Law No. 38 of 2005 on the acquisition of Qatari nationality [Qatar], 30 October 2005, available at: https://www.
refworld.org/docid/542975124.html.
146
147
UNHCR / April 2021
Ibid. at Article 2.
47