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Human Rights
The UAE is committed to pursuing its efforts to enhance the human rights culture in keeping with its own cultural identity and special characteristics, and cooperating with human rights bodies abroad. The Government respects the integrity of every individual residing in the country. Its commitment to guarantee equality and social justice for all citizens is embodied in the Constitution. This also outlines the freedoms and rights of all citizens, prohibits torture, arbitrary arrest and detention, respects civil liberties, including freedom of speech and press, peaceful assembly and association, and the practice of religious beliefs.
Mindful of the significance of its human rights record, the UAE is investing its energies to modernise its laws and practices. At the national level, the Government strategy focuses on ensuring country-wide sustainable development. Among others, the Government’s welfare initiatives focus on the empowerment of women, development of high-quality education and healthcare systems, as well as the assimilation of members of society with special needs and other vulnerable groups into the development process.
In the international arena, the UAE has played an active role in providing humanitarian aid and assistance to developing countries and protecting the environment and natural resources. The Government is also conscious about aligning its human rights efforts with international charters and customs. This reflects the country’s cultural heritage and religious values, which enshrine justice, equality and tolerance. In particular, the Government is committed to constructively promoting the principles of the Universal Declaration of Human Rights.
Several recent reviews by UN human rights bodies, including the Committee on the Elimination of Racial Discrimination, the Universal Periodic Review of the Human Rights Council, and special rapporteurs on racial discrimination and the protection of children attest to the UAE’s commitment to comply with international standards.
The following are some of the human rights-related developments during 2010:
• The UAE presented its preliminary report to the Committee on the Elimination of Discrimination against Women in accordance with the Convention on the Elimination of Discrimination Against Women. Minister of State Reem Al Hashemi stressed that the country’s Constitution grants the Convention a binding legality that equates it to national laws. The same is the case with similar human rights conventions that the UAE has signed, such as the Convention on the Elimination of Racial Discrimination, the UN Convention against Transnational Organised Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children, the ILO conventions to combat all forms of discrimination against women such as the Equal Remuneration Convention of 1957, the Convention on the Prevention of Discrimination in Employment and Occupation of 1958, and the Night Work (Women) Convention (Revised) of 1948.
• A report compiled by the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Mr Githu Muigai, was released and discussed at the UN Human Rights Council in Geneva. Mr Muigai led a fact-finding mission to the UAE in 2009 following an invitation by the Government issued during the Human Rights Council’s Universal Periodic Review a year earlier. Highlighting the UAE’s significant racial diversity, wherein over 80 per cent of the population is non-nationals, the report urged greater public debate on national identity, social integration and capacity for absorption, linking these concerns with residency status and the granting of citizenship. Simultaneously, the report recognised that there are no easy solutions to these issues. The Special Rapporteur highlighted that the Government has undertaken numerous commendable initiatives to address unfavourable conditions encountered by construction and domestic workers. Mr Muigai also recommended that the authorities consider amending existing legislation to ensure that due process of law is accorded to stateless persons. The report welcomed the fact that foreign communities have the right to establish schools with their own curriculum and praised the nascent human rights institutions in the country. The Special Rapporteur recommended the establishment of a ‘full-fledged and Paris Principles-compatible national institution on human rights with an oversight mandate, including the monitoring of racism, racial discrimination, xenophobia and related intolerance…’
• The Cabinet approved the setting up of a permanent committee to follow up on the country’s human rights reports and related issues that need to be reviewed before the UN Human Rights Council. The committee is tasked with addressing the UAE’s commitment to promote and develop human rights in line with global standards.
• The UAE deposited with the United Nations the document of its ratification of the Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities. The Convention obliges parties to take all legislative measures to ensure the full and equal enjoyment by people with disability of all their human rights and fundamental freedoms without any form of discrimination.
• Over 150 people from UAE ministries, governmental departments and civil society, as well as researchers and experts discussed methods of protecting the rights of women and children. The event was organised by the Human Rights Directorate in collaboration with Abu Dhabi Police’s Centre for Security Research and Studies.
• The Community Development Authority (CDA) in Dubai held a Child Rights Conference under the slogan ‘The Right of Expression’. This initiative was part of CDA’s commitment to strengthen the pillars of social protection and guarantee human rights. The conference promoted children’s rights in the society and raise awareness about their rights in social welfare, health, psychological welfare and education.
• During a visit to the country, UN High Commissioner for Human Rights Navi Pillay noted the encouraging level of Government activity to improve human rights, especially in the area of economic and social rights, children’s rights and human trafficking. ‘Women in the UAE have gained their substantial rights through their engagement in the national action and their contribution to the nation-building…Preliminary reports indicate that the UAE is in line with international laws and initiatives with regard to tackling the sponsorship rule, conditions of expatriate workers and the rights of women, child and people without documents proving their identity,’ Ms Pillay said.
• H.H. Sheikh Mohammed bin Rashid Al Maktoum issued an ordinance on the regulation of non-government institutions for the care and rehabilitation of disabled persons. The ordinance aims to regulate private sector services provided in this category, contributing to the development of overall services for the disabled and their integration into society, in accordance with the laws and regulations in the country. The institutions will be under the control of the Ministry of Social Affairs. The CDA discussed ways of improving employment opportunities for people with disabilities. Federal Law 29 of 2006 concerning the rights of individuals with special needs addresses the issue of discrimination against people with special needs and promotes equal opportunities in healthcare, employment, sports and education.
• The Ministerial Service Council approved a proposal by the Ministry of Health to reintegrate AIDS patients into society, especially by protecting their right to education, work and treatment.
• The Ministry of Education launched the general rules for special education programmes under the theme ‘School for All’ to better accommodate talented students with special needs and disabilities.
• As part of a comprehensive plan to protect the rights of children and tackle child abuse, the UAE will soon prepare a paedophile watchlist and establish a child protection centre. This comes in the wake of the UAE joining the Virtual Global Taskforce, an international alliance of law enforcement agencies working together to prevent and deter online child abuse.
• The UAE Human Rights Association and Saudi Arabia’s National Human Rights Commission signed a memorandum of understanding to jointly promote a human rights culture and educate the community on human rights.
• In an effort to bridge gender inequality, the social allowance system pertaining to the sons of employees in the Federal Government was amended in December to include widow employees who sustain their Emirati children. This category now includes women whose husbands are either unable to work or are unemployed and have dependent children. The decree also guarantees this allowance to a woman employee if she is divorced, but is the breadwinner for the family.
• As part of the measures to raise the standards of human rights, a December 2010 notification announced that anyone accused of a criminal offence in a Dubai court who cannot afford a lawyer, will be provided with free legal representation from the first public defenders’ office in the UAE. The new service will be set up by the emirate's CDA and is expected to be in operation by 2012. This facility will also be extended to family cases to protect the rights of children and women, especially divorcees.
Human Trafficking
In recent years, labour issues, specifically human trafficking, were a severe test for the country’s human rights record. Unfortunately, some of the temporary contractual workers that the UAE receives every year from across the world are deceived by labour recruitment agencies and become victims of human trafficking. For the majority of trafficked persons, it is only when they arrive in the UAE that they realise that the work they were promised does not exist and they are forced instead to take up employment in other jobs or under conditions to which they did not give consent. Since the deceit begins before the workers leave their home countries, the importance of partnering with source and transit countries is now paramount to the UAE’s strategy.
In order to institutionalise the fight against human trafficking the Government devised a four-pillar strategy – legislation; enforcement; victim support; and bilateral agreements and international cooperation. As a result, a raft of measures has been introduced since 2006 to curb this crime in the country.
As part of its legislation process, the Government enacted Federal Law 51 in 2006. The law takes into account the existing federal laws on entry and residency of foreigners, labour, camel races and criminal procedures, as well as the Penal Code. It calls for strong punitive measures, including maximum penalties of life imprisonment and covers all forms of human trafficking – not just overt enslavement, but also sexual exploitation, child labour and commerce in human organs. A subcommittee of legal experts has recently suggested amendments to Federal Law 51, particularly to emphasise the protection and repatriation of victims, in order to harmonise it more closely with the Palermo Protocol.
In order to ensure effective enforcement of Federal Law 51, the Cabinet established in 2007 the National Committee to Combat Human Trafficking, which serves as a coordinating agency. The multi-dimensional committee includes representatives from the federal ministries of Interior, Foreign Affairs, Labour, Health and Social Affairs, as well as State Security and the UAE Red Crescent Authority. In 2009, the Cabinet strengthened the Committee by adding public prosecutors, law enforcement officers, and representatives from the human rights association, as well as victim shelters to its membership.
The Government organises regular workshops to enhance the skills of law enforcement officials dealing with this crime. According to official reports, this and other efforts resulted in at least 43 human trafficking-related cases being registered in 2009. This compares with ten in 2007 and 20 in 2008, suggesting that the detection process is intensifying with each passing year. Notably, there were convictions in at least 35 cases in 2009.
The fact that human trafficking cases are no longer confined to one emirate indicates that the UAE’s efforts – in disseminating information among the officials and public – are having the desired impact. The Government also believes that labour problems and human trafficking are separate issues and require different solutions.
The victim support programme includes protection, counselling and rehabilitation. Police departments and non-government organisations provide shelter and support until victims are able to acquire the right documents. Many victims are sent home at the Government’s expense, under the Crime Victim Assistance Programme. Shelters offering such assistance include the Dubai Women’s and Children’s Foundation, which was established in 2007, and Ewaa in Abu Dhabi, which opened in late 2008, as well as the Human Rights Care Department in Dubai and the Social Support Centre in Abu Dhabi, which have been operating for several years.
Encouraged by the efficient working of the Dubai and Abu Dhabi shelters, which adhere to international standards, the UAE has decided to open two new centres in Sharjah and Ra’s al-Khaimah.
Realising that the fight against human trafficking should be a collective effort, the fourth pillar of the action plan – bilateral agreements and international cooperation – has several dimensions. Since trafficking most often begins in the home countries of victims, the UAE has signed agreements with several labour-sending countries during the last four years to prevent trafficking at the roots. The UAE is working with many countries at the bilateral level and with the International Organisation for Migration, International Labour Organisation, International Training Centre for Human Trafficking Prevention in Belarus and several UN organisations.
Some of the significant developments associated with anti-human trafficking efforts during 2010 include the following:
• The Ministry of Labour launched a ‘pre-emptive strategic initiative’ by setting up an anti-human trafficking unit. This will operate under the ministry’s Inspection Division and develop ways of identifying human trafficking, as well as respond with specialised inspection capability. The Ministry also established a panel to coordinate with the competent authorities regarding victim care and updating legislation.
• The Dubai Criminal Court set up a special three-judge panel to handle human trafficking cases. This is aimed at speeding up trial proceedings and pronouncing verdicts with due consideration of the rights of the defendants.
• The UAE, in cooperation with the Regional Office for Central Asia of the United Nations Office on Drugs and Crime, hosted the Third Annual Inter-regional Workshop on Promoting Law Enforcement and Judicial Cooperation among Source, Transit and Destination Countries. Judicial and law enforcement practitioners, as well as representatives of non-governmental organisations from a dozen countries participated in the discussion aimed at multilateral coordination and cooperation.
• The UAE – as part of the 20-member Group of Friends United Against Human Trafficking – signed the Declaration on the Global Efforts to Combat Trafficking in Persons in New York. The joint plan calls for the setting up of a United Nations voluntary trust fund for victims of trafficking, especially women and children.
• The Human Trafficking Crimes Monitor Centre of Dubai Police launched a specialised website to encourage communication with victims of human trafficking and their families.
• The National Committee to Combat Human Trafficking and Dubai Judicial Institute signed an agreement to coordinate more closely in the fight against human trafficking.
• The Ministry of Interior set up an Anti-Human Trafficking Panel to coordinate with competent authorities regarding victim care and updating legislation.
• UAE officials involved in anti-human trafficking efforts attended various training and discussion forums in Vienna, Stockholm, Doha, Male, Bali, New York and Alexandria, among others.
Child Camel Jockeys
The UAE’s most high-profile effort to address human trafficking occurred in response to recruitment practices taking place in the traditional sport of camel racing. Having become aware of the child exploitation occurring in this sport, in 2002 the UAE banned the use of jockeys below the age of 18 years, and became the first country to use robots as jockeys instead. It also requested technical expertise from UNICEF to help protect and rehabilitate child victims.
A rehabilitation centre was established in Abu Dhabi, the first of its kind in the world, which provided shelter and offered rehabilitation programmes. The Dh10 million dirham repatriation efforts included establishment of transit centres providing medical assistance and other services to affected children, a family tracing system, social care for children, educational campaigns and establishment of community care committees.
Between May 2005 and September 2006, about 1100 child camel jockeys safely returned to their home countries in Asia and Africa. Child protection experts and government representatives from the UAE, Bangladesh, Mauritania, Pakistan and Sudan, as well as UNICEF officials, participated in a review process in 2006 and evaluated both results and gaps to support and reintegrate children involved in camel racing.
Some of the initiatives undertaken as part of this holistic programme include:
• Awareness campaigns with camel owners in the UAE to ensure that they ceased to employ child jockeys
• Establishment of transit centres providing medical assistance and other services to affected children in Sudan
• Family tracing system verified by justice authorities in Mauritania
• Social care of children and back-to-school campaigns in Pakistan
• Establishment of community care committees in Bangladesh
• Maintaining follow-up mechanisms empowering non-government organisations and local institutions to oversee the payment of outstanding salaries to child beneficiaries
In order to strengthen the comprehensive reintegration procedures, in 2007 the UAE and UNICEF agreed to establish a second and expanded phase of the rehabilitation programme, which commenced in 2009. As a follow-up, the UAE committed Dh30 million, which helped in country-based interventions by focussing on the establishment of monitoring mechanisms to prevent children formerly involved in camel racing from re-entering hazardous or exploitative labour.
In 2010, a Ministry of Interior delegation visited Mauritania to review the compensation disbursement process and status of all 577 former child camel jockeys who were repatriated a few years ago. Similar reviews were also conducted in Pakistan, Sudan and Bangladesh. The visits included meetings with the children, their families and government officials to ensure that the children have indeed been paid their compensation. The officials also monitored the progress of several projects, including schools, healthcare facilities and drinking water systems.
Though the UAE considers child camel jockeys a closed issue, the ministries of Social Affairs and Interior, in coordination with the country’s Special Committee for Rehabilitation of Camel Jockeys and UNICEF, continue to pursue follow-up action in countries of origin.
The UAE has made significant progress in a short period of time, but realises that much more needs to be done, and is ready to move ahead constructively and systematically in improving its human rights record. The Government is committed to serving as a model for change in the region and an active member of the international community.