Forced Labour Convention, 1930 (No. 29) - United Arab Emirates (RATIFICATION: 1982)

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A Government representative stated that the provisions of the Convention were applied without problems in the Emirates in accordance with the Constitution, national legislation and practice. The Constitution included several provisions on the prohibition of any exploitation of children or their abuse. Section 350 of the Penal Code penalized any person who exposed to danger any child who had not completed 7 years of age, and who acted either on his own volition or in collaboration with others. On human trafficking, he referred to section 346 of the Penal Code which specified the penalty of detention of any person who would own, buy, sell or dispose of any person as a slave. Section 20 of the Labour Code provided for the prohibition of employment of young persons under the age of 15, and section 34 specified legal sanctions against persons who were legal guardians of young persons, if they allowed the employment of a child in violation of the provisions of the law.

As for the observation made by the Committee of Experts, the Government representative reiterated that in 2002 his delegation had provided to the Committee all the relevant information relating to the claims contained in the communications of the International Confederation of Free Trade Unions (ICFTU) of 2000 and 2001 on the phenomenon of using children as camel jockeys in camel races. He pointed out that police investigations had proved that the cases involving the use of children in camel racing were not a widespread practice but constituted a limited phenomenon, monitored by the police corps. The investigation further clarified that it was the parents of those children who were exposing them to work for material gain, without the knowledge of the competent public authorities.

He highlighted that there were new developments that had occurred since the last meeting of the Conference Committee. He pointed out that upon the instructions of the President of the State, the Secretary of State for Foreign Affairs, the President of the Camel Racing Federation had promulgated Order No. 1/6/266 of 22 July 2002 providing for the minimum age of 15 for a camel jockey and the proof of age through a passport; the issuing of a medical certificate for a camel jockey, issued by the Camel Racing Federation; the setting down of the minimum weight of a camel jockey of 45 kilos; and lastly the imposing of penalties in case of violation. The penalties were various: the owner or responsible person would be fined the sum of 20,000 dirhams for the first offence; for the second offence, the owner would be prohibited from participating in a camel race for a full year; and the imprisonment of the responsible person for three months in addition to a fine valued at 20,000 dirhams for the third offence. This Order authorized the Ministry of Interior to enforce it as of September 2002. He further underlined that the General Directorate on Nationality and Residence was instructed to increase the procedures relating to the importing of camel jockeys, in accordance with the regulations formulated by the Camel Racing Federation.

The speaker indicated that there was a draft law which was currently being discussed in the Technical Committee on Legislation regulating the various issues on camel races, and which was in its final stages of adoption. He then referred to the agreement by the Administration on Fatwa and Legislation within the Ministry of Justice and the Technical Committee on Legislation to amend section 20 of the Federal Labour Code (Law No. 8 of 1980), and which provided for raising the age of employment to 18 years for hazardous tasks and tasks which jeopardized the health or morals of young persons. The above amendment was currently before the competent authorities for final adoption.

He then reverted to the communication submitted by the ICFTU of September 2002 which was communicated to the Ministry of Justice and Social Affairs in October 2002. He noted that the communication contained a repetition of previous comments submitted by the ICFTU during the years 2000 and 2001 in addition to new allegations. He added that his Government had previously replied to the claims of 2001 and referred to new claims to the competent authority, to study them and provide the information required. The ILO would be informed accordingly.

With respect to the United States State Department Report of 2001 on the practices of human rights in the United Arab Emirates, he indicated that the Ministry of Labour and Social Affairs had transmitted the communication to the competent authorities for their examination. He reassured the Committee that they would receive the information once it was available, for examination by the Committee of Experts. The Government representative quoted item (d) of the report of the United States State Department of 2002 (page 12) which stated that "In September, the Government implemented and began enforcing the child camel jockey ban with criminal penalties for violators up to and including imprisonment. The ban prohibits the use of camel jockeys less than 15 years and less than 45 kilos ...". The report showed a positive development in the Government's handling of the phenomenon of using children in camel races.

He further indicated that his country was endeavouring to raise awareness among residents with respect to the importance of observing laws and to collaborate with the competent authority with an aim to putting an end to all negative phenomena in public life in general, and in the labour market in particular. He concluded by referring to the guide book which was issued by the Ministry of Labour and Social Affairs, intended for persons wishing to be employed in the UAE. The guide book gave a description of all the procedures relating to employment and labour relations. It was distributed to all embassies and consulates in all parts of the world.

The Employer members stated that the problem was precisely the same as it had been in previous discussions conducted with the United Arab Emirates with regard to the Minimum Age Convention, 1973 (No. 138). They recognized that the phenomenon belonged to both Conventions. Small boys were forced to work as camel jockeys. In some instances, the children were kidnapped from abroad or trafficked to the United Arab Emirates. While the problem at stake was well known, the Government did not provide any new information. Although the problem might be a limited one, it was enough that even a limited number of children were subjected to this bad practice. The indication that police investigations did not lead to any penal action was not convincing. Camel races did not take place every day, but when they did, they were held publicly. The Employer members also stated that camel races were organized by wealthy people and that the Decree prohibiting the use of children as camel jockeys had been issued by the same person who was also the President of the Camel Race Federation. This underlined the importance of such races in the country. There was no easy solution to the problem, but the Employer members had to insist that the Government would change its attitude on the issue. Progress could not be made by minimizing or denying the problem, but by taking effective measures. The fact that during the 2002 Conference Committee session the Government representative merely admitted two cases of exploitation of children working as camel jockeys demonstrated that a change in the Government's attitude was necessary. The Government was requested to forward a report to the Committee of Experts containing precise and new information.

The Worker members thanked the Government representative for the information supplied. They recalled that the worker's interest in the case was not motivated by enmity, but in criticizing failure to fulfil obligations arising from the ratification of ILO Conventions, they sought only to urge conformity with the Convention in the interest of all members States and the people who live and work in them. The Worker members pointed out that this case was simple: young boys, primarily from South Asia, were forcibly sent to the United Arab Emirates to be used as jockeys in camel races. Firstly, this entailed hazards related to trafficking, including separation from families, exposure to the risk of abuse and the forced nature of the work. Secondly, this entailed the hazards arising from the camel jockeying itself, which was considered, as agreed in the Conference Committee in 2002, to be a worst form of child labour, precisely because of these great physical hazards which were inextricably linked to this practice.

The Worker members stated that much was owed to Anti-Slavery International, which made efforts to document the issue, and they deplored the fact that a non-governmental organization such as Anti-Slavery International should still have to exist in the twenty-first century. Referring to the suggestion by some delegates that this was a cultural matter and that the same issues would not have been brought up had it been horse racing, the Workers members expressed disagreement by quoting from the International Agreement on Breeding and Racing of January 2002 which considers horse riding as a very hazardous activity that could lead to risks of injury, permanent disability or death.

The fact that the issue involved Conventions Nos. 29, 138 and 182 demonstrated the complementarity and indivisibility of the fundamental human rights in Conventions of the ILO. Trafficking and forced labour of children were prohibited by Conventions Nos. 29 and 182, and in their view also by Convention No. 138 which prohibits types of work likely to jeopardize health, safety and morals of children under the age of 18 years. The Worker members doubted whether anyone in the Committee would argue that child slavery, and they believed that the practice in question constituted child slavery, was not therefore prohibited also under Convention No. 138. Prior to the adoption of Convention No. 182 and the increased number of ratifications of Convention No. 138, the Conference Committee had discussed cases of child labour under the terms of Convention No. 29, on the basis that children were too young to give genuinely free consent to work.

The Worker members recalled the assurances given by the Government to the Conference Committee in 2002 that it intended to amend section 20 of Law No. 8 to prohibit hazardous work for children under the age of 18 years in accordance with Conventions Nos. 138 and 182. The Committee had noted these assurances and the indication that those responsible would be subject to legal action. The Worker members therefore deplored that, one year later, the amendment was still only under consideration. Trafficking continued, in particular from Bangladesh and Pakistan, because there was a demand for young boys for camel racing. According to the United States State Department Human Rights Report of 2002, laws were sometimes enforced against criminal trafficking rings but not against camel owners or those who "use" the children because such owners came from powerful families who were above the law. Further, the Worker members referred to a documentary report made in the United Arab Emirates by the Australian Broadcasting Corporation in October 2002, which showed very young boys racing camels and interviews with boys who explained how they had been trafficked, the work they were doing or had been forced to do, and they described or showed the injuries suffered. The film also showed that the camels were pampered with luxurious treatment while the jockeys suffered abuse, neglect, hunger and isolation, all apparently under the unmoved eyes of the police.

The Worker members noted the promulgation on 29 July 2002, by the Minister of Foreign Affairs, of an order which prohibits children less than 15 years of age and weighing less than 45 kg from being employed in camel racing. The order was imposing a fine of 20,000 dirhams (around US$5,500) for a first offence, while a second offence would lead to a ban on camel racing for one year, and prison sentences would be imposed for subsequent offences. The Worker members welcomed this step, but stressed that this legislation was not sufficient. They had not been provided with information on any prosecution, either because the authorities were incapable or simply ignored the violations which continued. As far back as 1980, Federal Law No. 8 of 1980 had banned employment for children under the age of 15 years and hazardous work for those under 18 years. Moreover, the 1987 Penal Code prohibited the buying of children, their exploitation and mishandling. The Government could have taken the opportunity, when it promulgated the order last July, to amend the laws or promulgate an order in conformity with the Conference Committee's conclusions of 2002. Increasing penalties were a start but, regardless of the level of sanctions provided for, the Worker members doubted whether prosecutions under the new order would take place.

Stressing that legislation had to be effectively enforced if conformity with the Convention was to be achieved, the Worker members expressed their impatience to see the Government taking real action. They supported the recommendation by the Committee of Experts that the Government should take the necessary measures to eradicate the trafficking in children for use as camel jockeys and to punish those responsible. They, however, reminded the Conference Committee that it had agreed at its 2002 session that the law should prohibit the use or employment of camel jockeys under the age of 18 years, because of its dangerous nature. Given the interrelationship between the relevant three Conventions, which had all been ratified by the United Arab Emirates, the Worker members believed that this point should be included in the Committee's conclusions. If the Government continued to find it difficult to ensure that law and practice were in conformity with Convention, it should be asked to seek the support of the Office. Indeed, the most sensible proposal might be that the Government invited a direct contacts mission to review progress and to assist in developing the necessary laws and practice. The Conference Committee should further recommend that the Government bring the laws in conformity with international conventions both as regards trafficking and on hazardous work for those under 18 years. It should also carry out regular unannounced inspections to identify, release and rehabilitate any child used as a camel jockey. Finally, the Government should prosecute those trafficking and employing underage jockeys, as well as pursue, with ILO support, greater cooperation with sending countries to stop trafficking.

The Worker member of Japan fully agreed with the statement made by the Worker members. In addition, she noted that her organization had information on forced labour in the United Arab Emirates concerning children as young as 5 or 6 years who were trafficked from countries such as Pakistan and Bangladesh, and forced to work as camel jockeys. During 2002, Pakistani newspapers had reported 29 cases of child trafficking to the United Arab Emirates for camel racing. The speaker also noted that the Bangladeshi Consulate in Dubai had rescued more than 20 Bangladeshi children who had been forced to work as camel jockeys and domestic helpers. In conclusion, the speaker emphasized that all people, especially children, had the right to be educated and to develop their abilities to the maximum. She urged the Government to accept the observations of the Committee of Experts and to take all the necessary measures immediately.

The Worker member of Pakistan stated that children were the hope for the future of mankind and it was therefore the common responsibility of all nations to ensure their welfare. He had listened carefully to the information provided by the Government representative and took note of the legislative changes. These were welcomed, but the Committee of Experts had asked the Government to investigate more actively cases of human trafficking, in particular of children being used as camel jockeys. The Government should establish an effective machinery to enforce its laws and undertake awareness raising, while sanctions should have a deterrent effect. There was also a need for more technical cooperation, as well as cooperation between sending and receiving countries in the context of trafficking of humans. Finally, the speaker drew attention to new legislation adopted in Pakistan to prevent and punish human trafficking.

The Government member of Kuwait, also speaking on behalf of the Government members of the Gulf Cooperation Council: Bahrain, Oman, Qatar, Saudi Arabia and United Arab Emirates, expressed his endorsement of the statement made by the Government representative of the United Arab Emirates, reiterating that the Gulf Cooperation Council rejected outright the use of children in hazardous work. On that basis, the countries of the GCC had ratified Convention No. 182.

The Employer member of the United Arab Emirates indicated that the phenomenon of camel racing was a limited phenomenon in his country. Camel jockeying was a sport linked to the cultural heritage of his country and was practiced in a specific season of the year. He highlighted that the entry of children into the United Arab Emirates was subject to specific regulations as they were only allowed to enter with their parents and subsequently it was the responsibility of the parents if they opted for material gain. He underlined that his country had deployed huge efforts in putting an end to this phenomenon, and that penalties on violators were provided for. He concluded by expressing the support of the Employers to their Government, and requested the collaboration of exporting countries of children in eradicating this phenomenon without delay.

The Government representative indicated that the GCC countries were those countries that were best informed of the phenomenon of camel jockeying in the United Arab Emirates. He reiterated that since 2002 a positive development occurred which was the Order issued by the President of the Camel Racing Federation and the draft law regulating this sport. He reassured the Committee that he would communicate all the interventions made to the competent authorities who would take the necessary measures in this regard.

The Worker members concluded that the Government had little excuse: it had all the resources needed to bring its laws and practice into full conformity with the Convention, including through the development of an effective labour inspection and enforcement system, as well as rehabilitation. However, the Government was so far lacking political will.

The Employer members stated that most in the Committee had the same views on this particular case. Due to the history of the case it was necessary to recommend to the Government to receive a direct contacts mission in order to achieve substantive progress.

The Government representative accepted on behalf of his Government the conclusions reached by the Committee on the undertaking of a direct contacts mission. He indicated that his country would fully collaborate with the Office in order to resolve this issue.

The Committee noted the information provided by the Government representative and the discussion which followed. The Committee expressed its deep concern about the fact that numerous underage children continued to be used as camel jockeys. The Committee noted the concern expressed about the intrinsically hazardous nature of this activity, which, in its discussion last year in the context of Convention No. 138, it had concluded should not be performed by any person under the age of 18, and about child trafficking and enslavement, a situation which clearly violated the Forced Labour Convention, 1930 (No. 29). The Committee noted new information providing evidence of new cases of the trafficking of children to the United Arab Emirates for use as camel jockeys. The Committee noted the ratification, by the United Arab Emirates, of the fundamental human rights instruments which dealt with the issues of minimum age for hazardous work and child trafficking. The Committee requested the Government adjust its legislation to be in line with such instruments. The Committee recommends the Government to accept a direct contacts mission and asked for agreement on this recommendation at the meeting in session.

The Government representative accepted on behalf of his Government the conclusions reached by the Committee on the undertaking of a direct contacts mission. He indicated that his country would fully collaborate with the Office in order to resolve this issue.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Institutional framework, law enforcement and penalties. Following its previous comments, the Committee notes the Government’s indication in its report that the National Committee to Combat Human Trafficking (NCCHT) has adopted a National Strategy to combat trafficking in persons based on five pillars: (i) prevention; (ii) prosecution; (iii) penalties; (iv) victim protection; and (v) international cooperation. The Government further indicates that the Dubai police headquarters has established a Centre for monitoring crimes involving human trafficking, which also involves ensuring coordination between governmental bodies and civil society organizations and the preparation of awareness and training programmes.

The Committee also takes notes of the 2018 report of the NCCHT. It notes in particular, the establishment of a coordinating body for anti-trafficking efforts at all levels of the seven emirates of the federation, in addition to the initiation of a number of awareness-raising campaigns to prevent trafficking in persons. For instance, a campaign has targeted companies recruiting migrant domestic workers to highlight the dangers of trafficking in persons. Another consisted of the launch of the anti-trafficking diploma course aimed at improving the skills of law enforcement officials dealing with this crime. According to the Government, 242,140 persons have benefited from anti-trafficking training, among them 20 diplomats, 65 law enforcement persons and 1,371 national officials.

The Committee further notes the statistical information provided by the Government in the NCCHT report regarding the number of cases of trafficking in persons brought before the courts in 2018: 30 cases were registered, one of which was a case of forced labour, involving two victims which is still under way before court. The cases included 51 victims and 77 people were indicted. Final decisions have been issued for 13 cases, resulting in sentences ranging from three years’ imprisonment and a fine, to life imprisonment. The Committee requests the Government to continue to provide information on the application in practice of the National Strategy to combat trafficking in persons, indicating the results achieved in implementing the five pillars. The Committee also requests the Government to continue to provide information on the number of investigations carried out, prosecutions, convictions and the penalties imposed.

2. Assistance and protection of victims. The Committee notes the Government’s indication that there are a total number of four shelters (Ewa shelters) for victims of trafficking, of which two are in Abu Dhabi, one for women, established in 2008, and the other for male victims. There is also the Dubai Foundation for Women and Children (DFWAC) and the Aman Centre, established in 2018 in Ras al Khaima. The capacity of the shelter for women and children in Abu Dhabi is 65 victims and the shelter for males can accommodate 20 victims. According to the statistical information provided by the Government, in 2018 the Ewa shelter provided psychological, medical and legal assistance to 17 victims of trafficking. The Government also indicates the establishment of a programme for the protection of human rights under the DFWC, which focuses on building staff capacities to deal with cases of trafficking and forced labour. For the period 2015–18, a service for the care of victims of crimes involving trafficking in persons was launched alongside a labour-related complaint mechanisms that can be submitted through the Smart Police Stations (SPS). This service allows individuals to request assistance or provide information and data about suspected cases of trafficking in persons. Moreover, in 2015, the Foundation prepared an integrated awareness-raising programme, targeting workers most vulnerable to trafficking risks, such as women workers in beauty salons and restaurants, and domestic workers. Within the framework of this programme, the information pamphlet on human trafficking has been translated into Amharic and Hindi, and 10,000 copies printed in each of these languages. Audio clips for broadcasts in Chinese have been prepared and a documentary on human trafficking has been produced. The Committee further notes that during the period 2015–18, 46 victims of trafficking benefited from the “You Are Not Alone” programme, which follows up and monitors a range of legal and humanitarian aspects of protection and support for victims. The Committee encourages the Government to continue its efforts to ensure that victims of trafficking are provided with adequate protection. It also requests the Government to continue to provide information on the measures taken to identify, provide protection and assist victims of trafficking, as well as statistical data on the number of persons benefiting from such measures.

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Articles 1(1), 2(1) and 25 of the Convention. 1. Legal framework concerning migrant workers. In its previous comments, the Committee referred to the report adopted in March 2016 by the tripartite committee set up to examine the representation made by the International Trade Union Confederation (ITUC) alleging non-observance of Convention No. 29 by the United Arab Emirates. The Committee noted that in order to ensure that migrant workers do not face situations that increase their vulnerability to forced labour practices, the Government has adopted a number of legislative measures, including: Ministerial Decree No. 764 of 2015 on the Standard Employment Contract, and Ministerial Decree No. 766 of 2015 on Rules and Conditions for Granting a New Work Permit to a Worker whose Labour Relations with an Employer has Ended.

In this regard, the Committee requested the Government to provide information on the application in practice of the new legislation, in particular information on the following points: (a) recruitment fees, contract substitution, and passport confiscation issues; (b) the sponsorship system; (c) migrant domestic workers; (d) labour inspection and effective penalties; and (e) access to justice and protection of victims.

(a) Recruitment fees, contract substitution, and passport confiscation. The Committee notes the Government’s indication in its report that following the adoption of Ministerial Decree No. 764 of 2015 on the Standard Employment Contract, employers have the obligation to send the offer letter, which is a copy of the original employment contract to the worker in the sending country prior to departure. The offer letter must indicate all the terms and conditions of the contract, including the wage. Once the employment contract is signed and registered on the Ministry of Human Resources and Emiratization (MOHRE) database, the worker is granted the entry visa to the country. Any worker may have electronic access to a copy of the employment contract via the Ministry’s site. Upon arrival of the worker, both the employer and the worker are instructed to visit one of the guidance centres that the MOHRE has established in partnership with the private sector. These centres aim to provide an induction programme to workers regarding the Labour Code and the residence laws of the country. In addition, both parties can sign the contract in these centres.

Regarding the Action Plan on migrant workers, the Government refers to a series of legislative measures that have been adopted since 2015, including: (i) the adoption of Ministerial Decree No. 765 of 2015 on Rules and Conditions for the Termination of Employment Relations; (ii) the signature of a series of Memoranda of Understanding with a number of countries to ensure that licenced recruitment agencies from both countries do not charge workers any fees; and (iii) the provision of adequate accommodation that meet strict occupational safety and health standards following the adoption of Ministerial Decree No. 212 of 2014. As per the issue of passport confiscation, the Committee notes the Government’s indication that the Standard Employment contract for workers in the private sector provides for the right of workers to retain their identification documents. With regard to domestic workers, section 15(9) of Act No.10 of 2017 on domestic workers provides for the obligation of the employer to ensure the worker’s right to retain his/her personal identification documents. The Government also indicates that, in cases brought by workers against employers over the withholding of passports, the court decision is always in favour of the worker and the employer is obliged to return the passport. In this regard, the Government refers to a series of judgements, including of the Cassation Court of September 2012, where the court referred to the freedom of travel and movement as rights guaranteed by the Constitution. In light of the above positive measures, the Committee requests the Government to continue to pursue its efforts to ensure that migrant workers are protected from abusive practices linked to contract substitutions, the imposition of recruitment fees and the confiscation of passports. It also requests the Government to provide information on the results achieved in this regard, including statistical data.

(b) Sponsorship system. Referring to Ministerial Decree No. 765 of 2015 on Rules and Conditions for the Termination of Employment Relations, the Committee notes the Government’s indication that for a fixed-term contract of two years, either party can terminate the contract, either by mutual agreement of the two parties during the course of the term of the contract, or unilaterally, provided the terminating party complies with the legal procedures. This includes the observance of a notice period of up to three months and the compensation of the other party in accordance with the contract for wage arrears of no more than three months. According to the Government, the number of cases involving termination of employment contracts in accordance with Ministerial Decree No. 765, contracts during the period between January 2016 and December 2018 came to 2,932,062 cases. The Government also indicates that following the adoption of Decree No. 766 of 2015 on Rules and Conditions for Granting a New Work Permit to a Worker whose Labour Relations with an Employer has Ended, former employers no longer have the power to subject the worker to the threat of deportation or other negative practices. For the period between 2016 and 2018, the number of cases involving transfers to a new employer came to 229,971. The Committee requests the Government to continue to provide information on the number of employment transfers that have occurred recently, disaggregated by gender, type of work and contract.

(c) Migrant domestic workers. The Committee previously urged the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour, and to ensure that the Bill regulating the working conditions of migrant domestic workers will be adopted in the near future.

The Committee notes with satisfaction the adoption of Act No.10 of 2017 on domestic workers as well as the standard domestic labour contract and its annexes. It notes that the employment contract provides for the rights and obligations of both the worker and the employer, including the amount of the basic salary, the accommodation, and the daily and weekly rest periods (sections 15–18). Regarding the termination of the employment contract, section 23 of Act No.10 provides for the possibility for both the employer and the worker to terminate the contract unilaterally if one party fails to fulfil his/her obligations towards the other. In all instances of the termination of the contract, the MOHRE shall decide whether to grant a new work permit to the worker as per the regulations that are in force in the UAE (section 23(4)). Furthermore, the new employer is responsible for paying the fees for the transfer of sponsorship (kafala) and for the new residence permit to the worker. The employer also has the obligation to notify the MOHRE if the worker abstains from employment or is absent without valid reason. Likewise, the worker has the obligation to notify the MOHRE when leaving the workplace without the knowledge of the employer. With regard to conflict resolution, section 21 of the Act states that in the event that the employer and worker have a disagreement, the MOHRE will adjudicate the dispute. Migrant domestic workers can also refer to the Tad-beer Centres (support services established following the adoption of Ministerial Decree No. 819 of 2017) to seek legal support. These centres are dedicated to providing all services relating to migrant domestic workers upon their arrival in the country. This includes the provision of a medical examination, the issuance of health insurance and ID cards and stamping of the residence visa. The Government further indicates that MOHRE has recently issued the Ghanayem bank card for domestic workers as a smart multi-purpose bank ID card with a variety of features, including serving as an electronic wallet. It also provides a new automated system to monitor transfer transactions to ensure that domestic workers’ wages are protected and to transfer salaries quickly while ensuring the confidentiality of both the client’s and the MOHRE’s information. The Committee requests the Government to provide information on the application in practice of Act No.10 of 2017 on domestic workers, including statistical information on the number of employment transfers of migrant domestic workers that have taken place since the entry into force of the Act.

(d) Labour inspection and effective penalties. The Committee notes the Government’s indication that 1,146 cases of violations were detected by the labour inspection, including 1,144 cases of late payment of wages involving 80,633 migrant workers. The two other remaining cases were linked to illegal salary deductions and failure to calculate overtime pay. For all these cases, the judicial decisions handed down have required the payment of fines. The Committee takes note of judgment No. 1 of 2016, judgment No. 45 of 2017, and judgment No. 49 of 2017, annexed to the Government’s report, that illustrate the high fines imposed. The Committee further notes that sections 19 and 20 of Act No. 10 of 2017 on domestic workers grant labour inspectors the possibility to inspect the places of residence of the domestic worker in the event of a complaint being raised by the worker or if there are credible indications of violations of the provisions of the Act. The Committee requests the Government to indicate whether any inspections were carried out pursuant to sections 19 and 20 of Act No. 10 on domestic workers, indicating cases of violations that have been detected and registered by the labour inspectors, as well as the penalties applied for such violations.

(e) Access to justice and protection of victims. The Committee notes the Government’s indication that in 2018 the MOHRE launched the Tawa-Fouq (reconciliation) centres for labour disputes resolution involving migrant workers. These centres perform a preliminary role of mediation to resolve the labour dispute amicably. They issue recommendations that they submit to the MOHRE. The latter is authorized to take the final decision over whether the dispute is resolved amicably or is referred to the judiciary. In this regard, the judicial departments have established a standard form on the manner in which workers may bring a case, comprising an integrated case file. This is submitted electronically to the judicial departments. The Government also refers to Ministerial Decree No. 749 of 2018 on settling collective labour disputes where more than 100 workers from the disputing parties are involved. A conciliation committee shall settle the dispute amicably within ten days. If the dispute settlement fails, it will be brought to the arbitration committee that shall consider the dispute within 30 days.

Regarding the protection and assistance provided to migrant workers, the Committee notes the Government’s information on the measures taken to protect victims of trafficking in persons that are also applicable to migrant workers. The Committee requests the Government to continue to take the necessary measures to ensure that migrant workers can approach the competent authorities and access justice mechanisms, without fear of retaliation. It also requests the Government to provide statistical information on the number of migrant workers, including migrant domestic workers, who have had recourse to legal assistance from the Tawa-Fouq (reconciliation) centres, as well as the outcome of the labour disputes. It requests the Government to indicate whether the legal assistance provided in the reconciliation centres is available in the language spoken by the migrant worker. Lastly, the Committee requests the Government to provide information on the judicial proceedings instigated and the number of judgements handed down in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and penalties. The Committee previously requested the Government to take the necessary measures to ensure the adoption of amendment to Federal Act No. 51 of 2006 on human trafficking.

The Committee takes due note of the adoption of Amendment No. 1 of 2015 to Federal Act No. 51 of 2006. Section 1 of the Amendment provides for a broad definition of “exploitation” to cover sexual exploitation, forced labour, servitude, enslavement, and quasi-slavery practices. Such offences are punishable under section 2 with a penalty of imprisonment for a term of no less than five years, or life imprisonment for aggravated cases, involving for instance children. The Committee notes the Government’s indication that under the new amendment, the functions of the National Committee to Combat Human Trafficking include, among others, the preparation of a National Strategy to combat trafficking in persons, the development of a database on trafficking in persons, as well as the development of adequate mechanisms to identify victims of trafficking in persons. The Committee further notes the statistical information provided by the Government regarding the number of cases of trafficking in persons brought before the courts in 2014 and 2015. In 2015, 17 criminal cases were registered for sexual exploitation, involving 24 victims and 54 traffickers who were arrested. Final decisions have been issued for three cases, resulting in sanctions of three to five years imprisonment. The Committee encourages the Government to pursue its efforts to prevent, suppress and punish trafficking in persons. It requests the Government to continue to provide information on the application in practice of the provisions of the 2015 Amendment, and to indicate the results achieved in combatting trafficking in persons. It also requests the Government to indicate whether a National Strategy to combat trafficking in persons has been adopted, as required under the 2015 Amendment, and to provide a copy in its next report. Finally, the Committee requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and specific penalties imposed in cases of trafficking in persons.

2. Assistance and protection of victims. The Committee previously requested the Government to strengthen its efforts to ensure appropriate protection and assistance to all victims of trafficking, male and female.

The Committee notes the Government’s indication that there are two major shelters in the country in Iwa and Dubai that are providing assistance to male and female victims of trafficking, such as legal services, health and rehabilitation services and translation services, as well as educational training sessions. The Government also indicates that in 2015 the Iwa shelter provided assistance to 17 victims of trafficking ranging from 19 to 25 years of age. This assistance included being informed of their rights, and the possibility of participating in criminal proceedings against traffickers through the shelter services. Moreover, the safe and voluntary return of victims is ensured through cooperation with their relevant embassies and victims are exempted from paying fines for violation of the residency law. Lastly, the Government refers to several training activities and workshops that have been carried out for labour inspectors with regard to victim identification. Ten labour inspectors benefited from a training workshop in the Turin Training Centre, and in 2015, labour inspectors undertook 7,831 visits to companies in order to raise awareness of 203,584 migrant workers about the Anti Trafficking Act.

The Committee also notes that in its 2015 concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) although welcoming the measures adopted by the Government to combat trafficking (such as the 2012 and 2015 amendments to Federal Law No. 51 of 2006 on Combating Human Trafficking, and the availability of a hotline and of shelters for women and girls who are victims of trafficking), expressed its concerned that the State party remains a country of destination and transit for women trafficked predominantly from South, South-East and Central Asia and Eastern Europe for purposes of forced labour and sexual exploitation. It was also concerned that the penalties provided for in Federal Law No. 51 are not commensurate with the gravity of the crime and that efforts to prosecute and convict traffickers and their accomplices remain insufficient, especially in cases of trafficking for the purpose of forced labour and sexual exploitation. The Committee also notes CEDAW’s concern about cases of victims of trafficking being deported by force instead of being provided with the support needed (CEDAW/C/ARE/CO2-3, paragraph 31). The Committee encourages the Government to strengthen its efforts to ensure that victims of trafficking are provided with adequate protection. It also requests the Government to continue to provide information on the measures taken to identify, to provide protection and to assist victims of trafficking, including statistical data on the number of persons benefiting from these services.

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Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 31 August 2016, as well as the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. 1. Legal framework for migrant workers. The Committee notes that, at its 326th Session (March 2016), the Governing Body approved the report of the tripartite committee set up to examine the representation made by the ITUC alleging non-observance of Convention No. 29 by the United Arab Emirates. The tripartite committee noted that the complainant organization alleged there is a lack of an adequate legal framework that prevents migrant workers from falling into situations or practices amounting to forced labour. It also noted that the Government maintains that it has developed a national legal system which provides for the necessary safeguards to protect the rights of migrant workers from the exaction of forced labour, including the Constitution and a number of subsidiary laws which prohibit practices that may lead to forced labour.

The Committee further notes that, while welcoming the recent measures taken by the Government as a significant step towards the protection of migrant workers, the tripartite committee also encouraged the Government to continue to take proactive action with regard to: (i) recruitment fees and contract substitution issues; (ii) the passport confiscation issues; (iii) the sponsorship system; (iv) the payment of wages; (v) migrant domestic workers; (vi) labour inspection and effective penalties; and (vii) access to justice and protection of victims.

(i) Recruitment fees and contract substitution

The Committee notes that the tripartite committee observed that the legislation, particularly the Labour Law, Ministerial Decree No. 52 of 1989, Ministerial Decree No. 1283 of 2010 and Cabinet Decision No. 40 of 2014 prohibit licensed recruitment agencies from soliciting or accepting any fees from workers. The tripartite committee also noted that clause 8 of the 2015 Standard Employment Contract contained in Ministerial Decree No. 764 of 2015, which entered into force on 1 January 2016, provides for the same prohibition. The tripartite committee further pointed out that although the abovementioned legislation constitutes an important step towards the protection of workers, necessary measures should be taken for its effective implementation.

The Committee notes the Government’s indication in its report that, an action plan to ensure better protection to migrant workers has been developed that is organized around six main priorities, including: (i) the elimination of contract substitution; (ii) the payment of recruitment fees; (iii) termination of employment and transfer of the sponsorship; (iv) housing and accommodation; and (v) awareness raising of domestic workers. This action plan will be adopted in the near future.

With regard to the issue of contract substitution, the Government states that the Ministry of Human Resources has undertaken a series of measures, such as: (i) the obligation of the employer to inform the migrant worker about the conditions of work before he/she leaves the country; (ii) the registration of the Standard Employment Contract in the database of the Ministry of Human Resources; (iii) upon arrival of the migrant worker, the Ministry has to ensure that the worker signs the same contract that he/she has been offered in his/her country; (iv) the Standard Employment Contract has to be issued in three languages (Arabic, English and the mother tongue of the worker) and has also been translated into 11 most prevalent languages for migrant workers; and (v) the prohibition for both parties to amend any clauses included in the Standard Employment Contract without an explicit authorization from the Ministry.

The Committee notes that the ITUC asserts in its observations that construction workers are confronted with the payment of high recruitment fees, as well as relocation costs (including visas and air ticket costs) in cash to recruitment agents in their home countries. According to the ITUC, the recruitment details of these workers were not traceable due to the absence of a formalized structure and/or internal process in place within the contractor’s/subcontractor’s entity. The ITUC nevertheless indicates that the newly adopted Ministerial Decree No. 764 of 2015 addresses the issue of contract substitution by introducing several requirements, including: (i) the employer must provide evidence that an offer letter was issued to the employee, which he/she has accepted (by signature) and the labour contract has the same terms as the offer letter; (ii) no alteration of the Standard Employment Contract is allowed, unless it is for the benefit of the employee and has been approved by the employee as well as the Ministry; and (iii) no new clause(s) can be added to these labour contracts unless they are consistent and compliant with the Labour Law, do not conflict with other legal provisions and are approved by the Ministry. While duly noting the newly adopted Ministerial Decree No. 764 of 2015, the Committee requests the Government to continue to strengthen its effort to ensure that, in practice, migrant workers are not exposed to practices that might increase their vulnerability, in particular in matters related to the payment of recruitment fees and labour contract substitution. It also requests the Government to ensure that the national legislation, in particular Ministerial Decree No. 764 of 2015, is effectively applied, and to provide information on results achieved through the implementation of the Action Plan on migrant workers, once adopted.

(ii) Passport confiscation

The Committee notes that the tripartite committee observed that migrant workers are still confronted with the practice of passport confiscation, although the Ministry of Interior’s Circular No. 267 of 2002, as well as the Standards Employment Contract, clearly prohibit such practices. The tripartite committee requested the Government to continue strengthening its efforts to ensure that the legislation is regularly monitored, to investigate such abuses, to sanction employers who are in breach of the legislation, and to strengthen the law to provide for criminal sanctions in cases of serious or repeated violations.

The Committee notes an absence of information in the Government’s report with regard to the issue of passport confiscation. In this regard, the Committee requests the Government to take the necessary measures to ensure that the Ministry of Interior’s Circular No. 267 of 2002 is effectively implemented. Please also provide statistical data on the number of migrant workers who have filed complaints regarding passport confiscation, on court decisions handed down on the issue of passport confiscation, as well as on the penalties that have been imposed in practice.

(iii) Sponsorship system (Kafala)

The Committee observes that the tripartite committee noted with interest that, in order to grant migrant workers more flexibility to change their employment relationship, the Government enacted in 2015 a set of laws, including: (a) Ministerial Decree No. 765 of 2015 on Rules and Conditions for the Termination of Employment Relations, (replacing the abovementioned Ministerial Decree No. 1186 of 2010); (b) Ministerial Decree No. 766 of 2015 on Rules and Conditions for Granting a New Work Permit to a Worker whose Labour Relations with an Employer has Ended; and (c) Ministerial Decree No. 764 of 2015 on Ministry of Labour-approved Standard Employment Contracts, all of which entered into force on 1 January 2016.

The Committee notes the ITUC’s reference to the newly adopted regulation that grants migrant workers greater flexibility to change jobs. The ITUC states that Decrees Nos 765 and 766 of 2015 introduce the possibility for the worker to terminate the employment contract unilaterally (and be considered for a new work permit). Such unilateral termination is now possible if a notice period of up to three months is observed.

The Committee notes the Government’s indication that, in order to renew the employment contract, the worker has to sign a new contract that will also lead to the renewal of the work permit. The Government also indicates that in 2015, 2,914 workers transferred to new employers. It also states that for a contract of unspecified duration, a one- to three-month notice period has to be respected, whereas for a fixed-term contract either party can terminate the contract, either by mutual consent of the two parties during the course of the term of the contract, or unilaterally, provided the terminating party complies with the requirements of Ministerial Decree No. 765 of 2015 on Rules and Conditions for the Termination of Employment Relations. The Committee welcomes the adoption of this new regulation and trusts that they will be effectively applied. In this regard, the Committee requests the Government to provide further information on the application in practice of the abovementioned legislation, including data on the number of transfers of employment that have occurred following the entry into force of the recently adopted Ministerial Decrees.

(iv) Payment of wages

The Committee observes that the tripartite committee noted that in 2009 the Government set up the wage protection system (WPS) requiring that workers’ salaries be directly deposited in their duly held individual accounts. The tripartite committee also noted that Cabinet Decision No. 40 of 2014 sets monetary fines on employers for, among others, failure to pay the worker through the WPS.

The Committee notes that the ITUC has cited several cases concerning the non-payment or delayed payment of wages of workers, particularly with regard to migrant domestic workers, and migrant workers in the construction sector, where workers often report a delay in the payment of their wages ranging from 30 days to nine months.

The Committee notes the Government’s indication that since the establishment of the WPS, 4.5 million migrant workers working in 300,000 companies have electronically transferred money abroad. The Government also indicates that Ministerial Decree No. 739 of 2016 was also adopted to ensure the payment of wages without delay. Any delay is punishable by law with administrative sanctions, and might lead to the transfer of the employee to another employer. The Committee considers the establishment of the WPS to be a positive measure which, if implemented effectively, could contribute to addressing the recurring issue of the non-payment or delayed payment of wages. The Committee requests the Government to ensure that Ministerial Decree No. 739 of 2016 and the WPS are implemented effectively, so that all wages which are due are paid on time and in full, and that employers face appropriate sanctions for the non-payment of wages. The Committee also requests the Government to provide information on the penalties effectively applied for non-payment of wages.

(v) Migrant domestic workers

The Committee notes that the tripartite committee pointed out the lack of legal protection of migrant domestic workers, who are not covered by the Labour Law.

The Committee notes the ITUC’s reference to the adoption in 2014 of the new standard contract for the employment of domestic workers. According to the ITUC, the contract details the nature of work, remuneration and obligations of the employer. It however contains no limit on working hours (other than the daily eight-hour rest period), no provisions for overtime pay, and no workers’ compensation. The ITUC also alleges that, unlike other migrant workers, migrant domestic workers cannot legally leave an employer before the end of their contractual period (generally two years). According to the ITUC, those who wish to change employers have two options: the first option is a three-step process which requires workers to: (i) complete their contract term and give their employer one month’s notice that they will not renew; (ii) get their sponsor to cancel their work permit and residence visa at the General Directorate for Residency and Foreign Affairs; and then (iii) procure a new sponsor within 30 days. The second option requires them to secure their sponsor’s approval to transfer the sponsorship before the end of their contract by means of a “no-objection” certificate signed by the sponsor, and to pay a sponsorship transfer fee to the immigration department. The ITUC further adds that a domestic worker who leaves his/her sponsor before the end of his/her contract without the approval of the employer is deemed by law to have “absconded”. “Absconding” is an administrative offence that can result in various sanctions and fines.

The Committee notes the Government’s indication that a draft bill regulating the working conditions of migrant domestic workers has been prepared and the Council of Ministries approved it, and all the constitutional measures are being taken for its adoption. The Government also indicates that the registration of the Standard Employment Contract in the Ministry of Human Resources is also mandatory for this category of workers. It further states that the Standard Employment Contract clearly stipulates the obligations of the employer towards migrant workers, such as: (i) ensuring the payment of the monthly salary within seven days; (ii) ensuring that the employee can transfer money abroad; and (iii) providing medical care coverage.

Moreover, the Government indicates that the breach of any provision of the Standard Employment Contract by an employer entitles a migrant domestic worker to lodge a complaint against their employer through the Dispute Settlement Office in the Ministry of Labour. If the Ministry, through its arbitration mechanism, is unable to resolve the dispute within two weeks of its reception, then the dispute is referred to a specialized labour court.

The Committee also notes that in its 2015 concluding observations concerning the UAE, the Committee on the Elimination of Discrimination against Women (CEDAW) noted with satisfaction the 2014 amendments to the standard contract regulating the employment relations between women migrant domestic workers and their employers, the assurances given by the delegation of the State party that foreign women working as domestic workers may change employer and that the State party is currently drafting a law on domestic workers. The Committee observes, however, that the CEDAW regretted that, under the new standard contract, women domestic workers may still be required to work 16 hours per day, are not guaranteed a minimum wage, remain excluded from the application of the Labour Code and, therefore, from access to the labour courts, and may still not change employer without running the risk of facing charges of “absconding”. The CEDAW also expressed its serious concern about the exploitative working conditions under which many of those women work, the numerous cases of violence, including sexual abuse, that they suffer and the detention of those who become pregnant as a result of rape by their employers, who generally enjoy impunity for such a crime. The Committee further notes the CEDAW’s concern that, while the confiscation of passports by employers has been prohibited, the practice remains widespread and prevents women from escaping abusive situations (CEDAW/C/ARE/CO/2-3, paragraph 43).

The Committee recalls the importance of taken effective action to ensure that the system of employment of migrant domestic workers does not place the workers concerned in a situation of increased vulnerability, particularly when they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty, and physical and sexual abuse. The Committee therefore urges the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. In this regard, the Committee expresses the firm hope that the bill regulating the working conditions of migrant domestic workers will be adopted in the near future. The Committee requests the Government to provide information on the progress made in this respect.

2. Law enforcement and access to justice. The Committee notes that the tripartite committee pointed out that the prohibition of forced labour requires that the penalties imposed by law are adequate, commensurate with the offence and strictly enforced. To this end, the tripartite committee highlighted the importance of: (i) strengthening the labour inspectorate body; and (ii) providing access to justice and protection to the victims.

(i) Labour inspection and effective penalties

The Committee notes that the tripartite committee took note of the adoption of a certain number of measures to strengthen the capacity of the labour inspectorate, including: (i) the establishment of a Department of Worker Orientation, comprising 27 full-time inspectors, to implement post-arrival and periodical worker orientation programmes; (ii) the establishment and training, within the inspection division of the Ministry of Labour, of two specialized units mandated to combat human trafficking and monitor private recruitment agencies; and (iii) the signature of a Technical Cooperation Agreement between the UAE and the ILO in April 2015 with the aim of improving the capacity of labour inspection. The Committee also notes that the tripartite committee has encouraged the Government to continue to take measures to strengthen the capacity of the labour inspectors and to reinforce the monitoring mechanisms of the working conditions of migrant workers, with a view to ensuring that penalties are effectively applied for any violations detected. The Committee notes an absence of information on the measures taken in this regard in the Government’s report. Underlining the important role of labour inspection in enforcing the labour rights of migrant workers, the Committee trusts that the Government will continue to take measures to strengthen the capacity of the labour inspectorate. It also requests the Government to provide statistical information on the number of violations of the working conditions of migrant workers that have been recently detected and registered by the labour inspectors, and to indicate the penalties applied for such violations.

(ii) Access to justice and protection of victims

The Committee notes that the tripartite committee observed that, although complaint mechanisms have been established for migrant workers (such as the arbitration mechanism in the Ministry of Labour, or the specialized labour court), the Government has not provided information on measures taken or envisaged to protect potential victims of forced labour practices.

The Committee notes the Government’s indication that awareness-raising activities have been organized for migrant workers, such as the distribution of informative booklets in different languages, radio and TV broadcast campaigns about migrant workers’ rights, as well as the establishment of informative sessions on different institutions that can provide assistance to migrant workers.

The Committee recalls that the situation of vulnerability of migrant workers requires specific measures to assist them in asserting their rights without fear of retaliation. In this regard, the Committee requests the Government to take measures to strengthen the capacity of migrant workers to enable them, in practice, to approach the competent authorities and seek redress in the event of a violation of their rights or abuses, without fear of retaliation. The Committee also requests the Government to provide information on the measures taken to ensure that migrant workers who are victims of abuse receive psychological, medical and legal assistance, and to provide information on the number of existing shelters as well as the number of persons benefiting from this assistance. Lastly, the Committee requests the Government to provide statistical information on the number of migrant workers who had recourse to the complaints mechanisms and the outcomes.

The Committee is raising other matters in a request addressed directly to the Government.

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Articles 1(1) and 2(1) of the Convention. Vulnerability of migrant workers to conditions of forced labour. The Committee notes that according to section 3 of Federal Law No. 8 of 1980 regulating labour relations, domestic workers are exempted from the law. The Committee also notes the information in the report of the International Trade Union Confederation (ITUC) entitled “Internationally Recognized Core Labour Standards in the United Arab Emirates: Report for the WTO General Council Review of the Trade Policies of the United Arab Emirates” of March 2012, that “there are about 3.3 million migrant workers accounting for more than 70 per cent of the population in the UAE. Most males are employed in the construction sector and most females as domestic workers … the situation is more severe for domestic workers because they work in private homes and often face limitations to their mobility.” Besides “the sponsorship system makes migrant workers vulnerable to various forms of forced labour and exploitation. Especially in domestic services and in construction, there are many workers who are not free to leave their jobs. They are obliged to work from long hours under harsh conditions, suffer abuses and are sometimes unpaid for months.”

Furthermore, the Committee notes that, in its concluding observations of 5 February 2010, the Committee on the Elimination of Discrimination against Women, while noting the existence of draft legislation on domestic workers, expressed its deep concern about the lack of protection of female migrant workers, especially domestic workers, when reporting cases of violence against them that may lead to them being treated as offenders, or accused of a crime or deported (CEDAW/C/ARE/CO/1, paragraph 26).

In this regard, the Committee recalls the importance of taking effective action to ensure that the system of employment of migrant domestic workers (sponsorship system) does not place the workers concerned in a situation of increased vulnerability, particularly when they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty, and physical and sexual abuses. Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore requests the Government to provide information on any measures taken or envisaged in order to strengthen the protection of migrant workers, and particularly migrant domestic workers, from possible abuses of their rights, particularly as regards their freedom to terminate their employment. It also requests the Government to supply a copy of the legislation on domestic workers, as soon as it is adopted.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework and law enforcement. In its previous comments, the Committee requested the Government to supply a copy of the amendment of Federal Act No. 51 of 2006 on human trafficking, once adopted.

The Committee notes the Government’s indication that the amendment to the Federal Act No. 51 of 2006 on human trafficking is still under consideration and will be sent as soon as it is adopted. It also notes that according to the annual statistics prepared by the National Committee to Combat Human Trafficking (NCCHT), in 2012, 47 lawsuits were registered for trafficking involving 149 persons who were convicted and sentenced to penalties of imprisonment and fines.

The Committee notes the additional information provided by the Government on the measures taken by the NCCHT in 2013. Among these measures, the Committee notes that the NCCHT, in collaboration with the ILO, the United Nations Office on Drugs and Crime, the Regional Office of the High Commissioner on Human Rights in the Middle East, and representatives of relevant bodies responsible for law enforcement, met at a regional symposium in January 2013, entitled “Combating human trafficking from a labour market perspective”. The aim of this symposium was to identify the dimensions of the crime of human trafficking, learn the best practices in combating this phenomenon and offering protection to victims, to review the efforts of the United Arab Emirates in this area, and to predict the perspectives for collaboration among the social partners in the fight against trafficking. The NCCHT, in collaboration with the Dubai police and the Dubai Airport Corporation, also launched an awareness-raising campaign in order to inform the public of the hazards of human trafficking crimes at Dubai airport, which is targeting a large segment of residents and visitors to the United Arab Emirates. Moreover, the Committee notes the Government’s information pertaining to the measures taken at the level of international cooperation, including the joining by the United Arab Emirates to the “Bali system” in April 2013, which is a cooperation agreement between Asian countries established with the aim of exchanging expertise, mechanisms and examples of good practice in order to combat human trafficking.

The Committee strongly encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons. The Committee requests the Government to take the necessary measures to ensure the adoption of the amendment to Federal Act No. 51 of 2006 on human trafficking without delay, as well as to ensure that perpetrators of human trafficking are punished and prosecuted with adequate penal sanctions as required by Article 25 of the Convention. In this regard, the Committee requests the Government to continue to provide information on the number of infringements reported, convictions and penal sanctions applied for violations of Federal Act No. 51 of 2006 on human trafficking.

2. Protection and assistance for victims of trafficking. The Committee previously noted the Government’s indication that the main functions of the sheltering centre, set up to welcome and care for female and child victims of trafficking for sexual exploitation are rescue, care and rehabilitation.

The Committee notes the Government’s information submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a new shelter centre for victims of trafficking for male adults was set up in July 2013. As the first centre of its kind, it aims to provide protection and health, legal, and rehabilitation services to male victims of trafficking and forced labour. It further notes that on 7 October 2013, the NCCHT adopted a decision which established a fund for the support of human trafficking victims, as well to assist them by providing them with financial support to facilitate their lives and compensate them for the damage inflicted upon them. The Committee notes the Government’s indication that in 2012, there were 75 victims of trafficking. However, the Committee notes an absence of information on the concrete measures taken to provide protection and assistance to these victims of trafficking.

The Committee requests the Government to strengthen its efforts to ensure that appropriate protection and assistance is provided to all victims of trafficking, male and female. It also requests the Government to provide information on the number of victims of trafficking who have benefited from financial assistance through the fund for the support of human trafficking victims.

The Committee is raising other points in a request addressed directly to the Government.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the detailed information provided by the Government regarding the measures taken to prevent, suppress and punish human trafficking.

Referring to its previous comments regarding the amendment of Federal Act No. 51 of 2006 on human trafficking, the Committee notes the Government’s statement that the draft amendment, which would bring Federal Act No. 51 more into conformity with the Palermo Protocol, is still under examination and will be sent as soon as it is adopted.

The Committee notes the National Plan of Action to Combat Human Trafficking (February–December 2011), and the different initiatives undertaken by the National Committee to Combat Human Trafficking, including training and workshops for police officers and public prosecutors; strengthening the capacity of law enforcement bodies and awareness raising services in collaboration with national and international partners. The Committee further notes that 58 cases related to human trafficking were registered under Federal Act No. 51 of 2006, in the provinces of Abu Dhabi, Dubai, El Sharqaa, Ajman, Om El Quwain, Ras El Khaimah and El Fujairah, resulting in 162 convictions. The Committee requests the Government to supply a copy of the amendment of Federal Act No. 51 of 2006 on human trafficking, as soon as it is adopted. It also requests the Government to continue to provide, in its next report, information on the application in practice of Federal Act No. 51 of 2006, indicating the penalties imposed on perpetrators.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the information on the application in practice of the Federal Act No. 51 of 2006 on human trafficking, as well as the information on the activities of the National Committee to Combat Human Trafficking (NCCHT), provided by the Government in its report. The Government indicates that it is endeavouring to implement a national plan of action to combat human trafficking, which is focusing on the following main pillars: development of the anti-trafficking legislation, application of prevention and protection measures, and expanding bilateral and multilateral cooperation. As regards development of the legislation, the Committee notes, in particular, the Government’s indication that a draft amendment of Federal Act No. 51 of 2006 on human trafficking is expected to be adopted shortly by the legislative authority.

As regards law enforcement, the Committee notes the comprehensive information provided by the Government, with reference to the 2008 report of the NCCHT, concerning the numbers of human trafficking cases registered under Federal Act No. 51 in Dubai, Abu Dhabi, El Sharqa, Ajman, Um El Qouwain and Ras El Khaima Emirates, as well as the substance of these cases and the penalties imposed on perpetrators. The Committee also notes the information on the application in practice of sections 341–347 of the Criminal Law punishing the crimes of abduction, deprivation of liberty, enslavement and incitement to prostitution.

The Committee would appreciate it if the Government would provide, in its next report, a copy of the National Plan of Action to Combat Human Trafficking, referred to above. Please also supply a copy of the amendment of Federal Act No. 51 of 2006 on human trafficking, as soon as it is adopted. Finally, the Committee requests the Government to continue to provide, in its future reports, information on the application in practice of Federal Act No. 51 on human trafficking, indicating the penalties imposed on perpetrators, as well as, more generally, information on measures taken, both in legislation and in practice, to prevent, suppress and punish human trafficking, including prevention and protection measures.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the Government’s reply to comments made by the International Confederation of Free Trade Unions (now the International Trade Union Confederation, ITUC) concerning the trafficking of women for the purposes of forced prostitution, in which reference was made to a 2002 report by the International Organization for Migration (IOM) concerning trafficking in persons from Azerbaijan, where the United Arab Emirates was identified as one of the key countries of destination. The report described a number of individual cases and provided evidence which indicated that trafficking of women (not only from Azerbaijan, but also from the Russian Federation, Georgia and other countries) into the United Arab Emirates was a significant problem. The Committee noted that in its reply, the Government expressed its concern about this phenomenon and its willingness to address it through collaboration with the international and regional bodies concerned.

The Committee has noted with interest the adoption of the Federal Act No. 51 of 2006 concerning trafficking in human beings, which defines crimes related to human trafficking for the purpose of sexual and labour exploitation and provides for severe sanctions of imprisonment, including imprisonment for life in certain cases. The Act provides for the establishment of the National Committee for Combating Trafficking in Human Beings, which shall be composed of the representatives of a number of ministries and institutions concerned and shall be responsible for the consideration and updating of the relevant legislation, elaboration of measures to combat human trafficking, including protection of victims and awareness raising, coordination between various government bodies, etc.

The Committee requests the Government to provide, in its next report, information on the application of Federal Act No. 51 in practice, indicating the penalties imposed on perpetrators and supplying copies of reports of the National Committee for Combating Trafficking referred to above. Please continue to provide information on measures taken or contemplated, both in legislation and in practice, to prevent, suppress and punish human trafficking, including prevention and protection measures. Having also noted previously the Government’s reference to penal provisions punishing the crimes of abduction, deprivation of liberty, enslavement and incitement to prostitution
(sections 341–346 and 347 of the Criminal Law), the Committee would appreciate it if the Government would provide information on the application of these provisions in practice, in connection with punishment of those responsible for the illegal exaction of forced labour, indicating measures taken to ensure that penalties imposed are really adequate and strictly enforced, as required by Article 25 of the Convention, and supplying copies of the relevant court decisions.

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Trafficking of women. The Committee has noted the Government’s reply to comments made by the International Confederation of Free Trade Unions (ICFTU) in its communication of 20 August 2003 concerning the trafficking of women for the purposes of forced prostitution. The ICFTU referred to a 2002 report by the International Organization for Migration (IOM) concerning trafficking in persons from Azerbaijan, where the UAE was identified as one of the key countries of destination. The report described a number of individual cases and provided evidence which indicated that trafficking of women (not only Azeris, but also Russians, Georgians and other nationalities) into the UAE is a significant problem. The cases documented in the report indicate that trafficked women were subjected to violence, forced prostitution and restrictions on their freedom of movement and communication. The report noted in its conclusions that the authorities in the UAE make no distinction between prostitutes and victims of trafficking, all of whom bear equal criminal responsibility for involvement in prostitution; as a result, trafficked persons are not treated as crime victims and are not supported and protected.

The Committee notes that in its reply the Government expressed its concern about this phenomenon and willingness to address it through collaboration with the international and regional bodies concerned. It also notes the Government’s indications concerning the measures taken to discourage potential traffickers and to give extensive training to officials in naturalization and residency administration.

Referring to its 2000 general observation concerning trafficking, the Committee requests the Government to provide, in its next report, information on measures taken or contemplated, both in legislation and in practice, to prevent, suppress and punish trafficking in persons for the purpose of exploitation, indicating, in particular, measures taken or envisaged to protect the victims of trafficking. Noting also the Government’s reference to penal provisions punishing the crimes of abduction, deprivation of liberty, enslavement and incitement to prostitution (sections 341-346 and 347 of the Criminal Law), the Committee would appreciate it if the Government would provide information on the application of these provisions in practice, in connection with punishment of those responsible for trafficking in persons, indicating measures taken to ensure that penalties imposed are really adequate and strictly enforced, as required by Article 25 of the Convention, and supplying copies of the relevant court decisions.

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Trafficking of children and their use as camel jockeys

In its earlier comments, the Committee requested the Government to take without delay all the necessary measures to eradicate the trafficking of children to the United Arab Emirates for use as camel jockeys and to punish those responsible. The Committee has noted the Government’s reply to its previous observation on the subject, as well as its reply to comments made by the International Confederation of Free Trade Unions (ICFTU) in its communication of 20 August 2003. It has also noted a new communication sent by the ICFTU in June 2004, which was forwarded to the Government for such comments as might be considered appropriate. In its latest communication, the ICFTU again refers to the persistence of the trafficking of children to the United Arab Emirates.

The Committee recalls that the United Arab Emirates has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182). In so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the problem of the trafficking of children for the purpose of exploiting their labour may be examined more specifically under Convention No. 182. The protection of children is enhanced by the fact that Convention No. 182 requires States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to refer to its comments on the application of Convention No. 182.

The Committee is also addressing a direct request to the Government on certain other points.

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The Committee notes a communication received in August 2003 from the International Confederation of Free Trade Unions (ICFTU), which contains observations concerning the application of the Convention. It notes that this communication was sent to the Government for any comments it might wish to make on the matter raised therein. In its comments, the International Confederation of Free Trade Unions (ICFTU) refers to the trafficking of women for the purposes of forced prostitution. The Committee hopes that the Government will respond to the allegations on the matter raised by the ICFTU.

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Trafficking of children and their use as camel jockeys

In its previous observation, the Committee requested the Government to take without delay all the necessary measures to eradicate the trafficking of children to the United Arab Emirates for use as camel jockeys and to punish those responsible.

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) in its communication of 20 August 2003, which were forwarded to the Government. In its comments, the ICFTU refers to the persistence of the trafficking of children to the United Arab Emirates and refers, among other examples, to the case reported by Ansa Burney Welfare Trust International (ABWTI) of two brothers aged 10 and 8 years, Niamat Ali and Shaukat Ali, who were being used as camel jockeys in Abu Dhabi. Both were repatriated to Pakistan in November 2002.

The Committee notes the discussion in the Committee on the Application of Standards at the International Labour Conference in June 2003. In its conclusions, the Conference Committee on the Application of Standards expressed its deep concern about the fact that numerous underage children continued to be used as camel jockeys, which is an intrinsically hazardous activity, and at "child trafficking and enslavement, a situation which clearly violated" the Convention and it recommended the Government to accept a direct contacts mission. The Government representative of the United Arab Emirates accepted the recommendation and the mission visited the country from 18 to 22 October 2003. The Committee also notes the report of the direct contacts mission. The Committee notes that the members of the mission had the opportunity to meet high-level officials from the Ministries of Labour and Social Affairs, Justice, Foreign Affairs and the Interior, as well as the Commander General of the police forces of Dubai, the Director-General of the Camel Races Union and the Secretary-General of the Professional Associations Coordinating Committee.

According to the report of the direct contacts mission, the measures adopted to combat the trafficking of children include a decision by the Ministry of the Interior of 20 January 2003. This decision obliges persons who claim to be the parents of young persons of 15 years of age and less who are involved in camel races, to undergo an ADN examination to establish their relationship with the young person and thereby prevent children from entering the country and living with persons who falsely claim to be their parents and who have brought the children to the United Arab Emirates for the purposes of exploiting them for use in camel races. This is an indispensable requirement in order to obtain a residence permit and in the event of violations those responsible are liable to legal action. The direct contacts mission received a list of 42 camel jockeys who were deported in compliance with this provision.

The report of the direct contacts mission, also indicates that the Government considers that the above ministerial decision has reduced by half the number of visa applications and appears to be having a dissuasive effect. The Government also informed the mission that the communication that has been established between the Ministry of the Interior and the embassies of the United Arab Emirates in countries which "export" camel jockeys, as well as the inspections carried out by the police during races, are measures which have contributed to reducing cases of the trafficking of children to the United Arab Emirates. With reference to this issue, the Committee notes that in its comment the ICFTU refers to a press release by the Embassy of Pakistan in May 2003 indicating that the Embassy has received the full collaboration of the Government of the United Arab Emirates to combat the exploitation of children as camel jockeys, that 21 children were repatriated in recent weeks and that 86 were repatriated the previous year.

In its previous observation, the Committee noted the measures adopted in 2002 concerning the prohibition of the employment of young persons under 15 years of age and whose weight is under 45 kg as camel jockeys (Order No. 1/6/266), the requirement of a medical certificate and the penalties which may be imposed for violations.

With reference to penalties, the direct contacts mission received copies of three judicial rulings. One of them, dated 13 December 2002, convicted two nationals of Pakistan to three years’ imprisonment for the abduction and sale of two children. A second ruling of 14 May 2003, convicted a national of Sudan to three months’ imprisonment and deportation for the falsification of a passport indicating that the two young persons were his sons. The third ruling in November 2002 concerned another national of Sudan, a trainer of camel jockeys, who was convicted to three months’ imprisonment for the accidental death of a jockey (the age of the jockey is not specified). The Committee hopes that, in accordance with Article 25 of the Convention, the penalties imposed by law are strictly enforced and are adequate. This requirement implies that penalties should also be imposed upon persons who, through their involvement in camel races in any form, have knowledge of and tolerate such practices to obtain benefits of any nature. The Committee hopes that the Government will continue to provide information on the penalties imposed upon those responsible for the trafficking of children for use as camel jockeys.

The Committee notes the information contained in the report of the direct contacts mission that the Government is aware of "the seriousness of the issue of the trafficking in children for use as camel jockeys which is incompatible with its obligations" under the Convention and that the Government also acknowledges "that the present legal and practical measures adopted in this respect are insufficient to prevent completely the trafficking of children (...) for work as camel jockeys". In this respect, the Committee notes the recommendations made by the direct contacts mission, including:

-  the need to adopt provisions prohibiting the employment of young persons under 18 years of age as camel jockeys and establishing severe penalties for those responsible for trafficking children for this purpose;

-  the establishment of a federal inspection system to identify and combat trafficking in children;

-  the adoption of common guidelines for the Gulf region concerning camel races, which are considered to be part of the cultural heritage of the countries of the region.

In view of the close relationship between measures with regard to the minimum age for employment as camel jockeys and the measures to combat the trafficking of children for this purpose, the Committee hopes that the Bill to establish the minimum age of 18 years for employment as camel jockeys, which is currently under examination by the competent authorities, will be adopted in the near future and requests that it be provided with a copy of the Act once it has been adopted.

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The Committee notes the information supplied by the Government in reply to its earlier comments concerning measures to protect domestic workers against various forms of abuses. It notes, in particular, the Government’s indications regarding the tasks of a division on investigation and follow-up, attached to the Nationality and Residence Department of the Ministry of Interior, which is responsible for receiving complaints from domestic workers and examining the problems arising between them and their employers. The Government indicates that a special section in this division is responsible for resolution of labour conflicts of this category of workers, providing protection to these workers and referring disputes to special tribunals, if necessary. The Committee would be grateful if the Government would provide, in its next report, information on practical activities of this special section of the division on investigation and follow-up, indicating measures taken to protect domestic workers against abuses which could come under the Convention, and supplying copies of any relevant reports and tribunal decisions concerning labour disputes of this category of workers.

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Article 1(1) and Article 25 of the Convention. Work by children as camel jockeys. Referring to its observation made under Convention No. 138, also ratified by the United Arab Emirates, the Committee notes the information provided by the Government in reply to its previous observation under this Convention, as well as to the comments made in 2000 and 2001 by the International Confederation of Free Trade Unions (ICFTU). According to the ICFTU’s comments, which referred to the information received from Anti-Slavery International, numerous young boys of 5 or 6 years of age were being trafficked (kidnapped, sold by their parents or taken under false pretences) to the United Arab Emirates to be used as jockeys in camel races. The boys were often mistreated, underfed and subjected to severe diets before races so as to be as light as possible. The comments emphasized that the children were separated from their families and thus completely dependent on their employers and de facto coerced into working.

The Government stated in its reply received in October 2001 that the ICFTU’s comments referred to separate incidents and events that took place in 1997-99, and pointed out that the employment of children under the age of 15 is a clear violation of section 20 of the Federal Labour Code No. 8 of 1980 and that current laws prohibit the buying of children, their exploitation or mishandling (sections 346 and 350 of the Federal Penal Code of 1987).

In its latest report received in August 2002, the Government indicates that, according to the investigations carried out by the police, this phenomenon is somewhat limited and cannot be considered as an indicator of existing widespread practices in the country. According to a memorandum from the Dubai Police General HQ, communicated by the Government in January 2002, the investigations indicated that the children brought to the country to work as camel jockeys were under the tutelage of their parents who put them into employment without the authorities’ knowledge, for the sake of quick material gain. The police further indicated that those parents whose responsibility was proven had been referred to the public prosecution for their trial. The Government also indicates in its latest report that the Minister of State for Foreign Affairs has promulgated an Order dated 29 July 2002, by virtue of which a child under the age of 15 years and whose weight is under 45 kg shall not be employed in camel racing, violations of this Order being punishable with a fine, prohibition to participate in a race for one year and imprisonment.

The Committee notes these indications. It also notes a new communication received from the ICFTU on 11 September 2002, which was transmitted to the Government on 2 October 2002 for such comments as might be considered appropriate. This communication contains information on recent cases in which children under 15 have been used as camel jockeys in the UAE. It also contains a reference to the US Department of State’s country report on human rights practices in the UAE for 2001, which states that there continue to be credible reports that hundreds of under-age boys from South Asia, mainly between 4 and 10 years of age, continue to be used as camel jockeys, and that camel owners who employ the children are not prosecuted for violation of labour laws.

The Committee hopes that the Government will supply its comments on the above communication by the ICFTU, so that the Committee could examine them at its next session. It also requests the Government once again to provide information in reply to its 2000 general observation under the Convention, and in particular, information on measures designed to strengthen the active investigation of organized crime with regard to trafficking in persons, including international cooperation between law enforcement agencies with a view to preventing and combating the trafficking in persons.

The Committee trusts that the Government will take without delay all the necessary measures, in cooperation with the other governments concerned, to eradicate the trafficking in children for use as camel jockeys and to punish those responsible through the strict enforcement of adequate penal sanctions. It requests the Government to provide, in its next report, full information on the action taken, including information on legal proceedings instituted against those involved in trafficking and on any penalties imposed.

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The Committee has noted the information provided by the Government in reply to its previous direct request. It has noted, in particular, the Executive Regulations to Federal Act No. 43 of 1992 on the regulations of penal institutions (Ministerial Order No. 471 of 1995). It has also noted the Government’s explanations concerning the protection of domestic workers against various forms of abuses. The Committee would appreciate it if the Government would supply information on the activities of sections of investigations and monitoring in the Nationality and Residence Departments of the Ministry of Interior, to which reference is made in the report, as regards the protection of this category of workers against abuses which could come under the Convention.

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Articles 1, paragraph 1, and 25 of the Convention. Referring to its observation made under Convention No. 138, the Committee has noted the communications received from the International Confederation of Free Trade Unions (ICFTU) in August 2000 and September 2001 concerning work by children as camel jockeys, as well as the Government’s reply to these communications.

According to the ICFTU’s comments referring to information received from Anti-Slavery International, numerous young boys of five or six years of age are being trafficked (either kidnapped, sold by their parents or taken under false pretences) to the United Arab Emirates to be used as jockeys in camel races. They are thereby separated from their families and taken to a country where the people, culture and language are completely unknown to them. According to the information received, the boys are often mistreated, underfed and subjected to severe diets before races so as to be as light as possible. The ICFTU indicates that the Ansar Burney Welfare Trust International (ABWTI) has rescued 49 children from camel stables in the UAE during the first five months of 2001; the ABWTI estimates that approximately 30 boys a month are being kidnapped in Pakistan alone and taken to the UAE. The comments emphasize that the children are separated from their families and thus completely dependent on their employers and de facto coerced into working.

In its reply, the Government states that the ICFTU’s communication refers to separate incidents and events that took place in 1997, 1998 and 1999, and that some time is needed to examine these events and the accusations, which requires gathering information from several sources. It points out that the employment of children under the age of 15 is a clear violation of section 20 of the Federal Labour Code No. 8 of 1980, and that current laws prohibit the buying of children, their exploitation or mishandling (sections 346 and 350 of the Federal Penal Code of 1987). The Government also states that such matters as kidnapping of children, their sale, or smuggling into the country away from their parents, occur outside the territory of the UAE, where such crimes are penalized, if they are proven. It also indicates that the internal statutes on camel races in the UAE contain a set of rules prohibiting the exploitation of children in camel racing (section 14), and that 42 persons have been returned to their countries at the Emirates’ expense, following the violations of these rules. Finally, the Government informs that the Ministry of Labour and Social Affairs has carried out consultations with the relevant state bodies to obtain information on the events referred to in the ICFTU’s comments, with a view to transmitting any new information on these issues to the ILO.

The Committee notes these indications. It also refers in this connection to the report of the Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/1999/71), which states that "in 1993, the Camel Jockeys Association of the United Arab Emirates finally prohibited the use of children as jockeys. New evidence, however, clearly indicates that the rules are being blatantly ignored. In February 1998, ten Bangladeshi boys, aged between five and eight, were rescued in India while being smuggled to become camel jockeys". While being aware that these events occurred outside the territory of the UAE, the Committee refers to its general observation published in 2001 under the Convention, where it asked governments to supply information, inter alia, on measures designed to strengthen the active investigation of organized crime with regard to trafficking in persons, including international cooperation between law enforcement agencies with a view to preventing and combating the trafficking in persons.

The Committee urges the Government to take all the necessary measures, in cooperation with the other governments concerned, to eradicate the trafficking in children for use as camel jockeys and to punish those responsible through the strict enforcement of adequate penal sanctions. It hopes that the Government will provide full information on the action taken, including information on legal proceedings instituted against those involved in trafficking and on any penalties imposed.

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The Committee notes the Government's reports.

The Committee requests the Government to send a copy of the regulations mentioned in Act No. 43 of 1992 on the organization of prisons (section 24).

The Committee would also ask the Government to indicate how workers in the domestic service are protected against various forms of abuses which could come under this Convention. Particularly, the Committee would appreciate if the Government could give detailed information on the legal rights of that category of workers under the general labour legislation.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted the information supplied by the Government in its reports and the text of the Penal Code, of which a copy was attached to the report.

1. Further to its previous comments, the Committee noted that no law imposing forced labour in exceptional circumstances and no federal law to issue regulations governing prison establishments have been adopted up to the present time. It also noted the Government's statement that when such laws are enacted their text will be transmitted and that a separate report on the practice followed with regard to the employment of prisoners in federal prisons and prisons coming under the authority of the Emirates will be forwarded by the Government.

2. Further to its previous comments, the Committee noted that section 347 of the Federal Penal Code No. 3 establishes sanctions in the event of compulsory labour being imposed upon a person in the interests of a private individual and in cases other than those provided for by the law. The Committee again requests the Government to supply information on the application in practice of this provision and to supply, where appropriate, copies of any judicial rulings on this subject.

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The Committee notes the information supplied by the Government in its reports and notes the text of the Penal Code, of which a copy was attached to the report.

1. Further to its previous comments, the Committee notes that no law imposing forced labour in exceptional circumstances and no federal law to issue regulations governing prison establishments have been adopted up to the present time. It also notes the Government's statement that when such laws are enacted their text will be transmitted and that a separate report on the practice followed with regard to the employment of prisoners in federal prisons and prisons coming under the authority of the Emirates will be forwarded by the Government.

2. Further to its previous comments, the Committee notes that section 347 of the Federal Penal Code No. 3 establishes sanctions in the event of compulsory labour being imposed upon a person in the interests of a private individual and in cases other than those provided for by the law. The Committee requests the Government to supply information on the application in practice of this provision and to supply, where appropriate, copies of any judicial rulings on this subject.

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The Committee notes the information and legislation supplied by the Government in its report.

1. In its previous comment, the Committee noted that under article 34 of the Provisional Constitution, no person may be subjected to forced labour except in exceptional circumstances provided for by law and in return for compensation. The Committee notes the indication in the Government's report received in 1988 that no law had been promulgated setting forth exceptional circumstances under article 34. The Committee asks the Government to provide information in the future should there be a change in this situation, including a copy of any law providing for the imposition of forced or compulsory labour in exceptional circumstances.

2. The Committee notes the Government's indication that prisons and prisoners are under the control of the Public Ministry and that federal laws regulating penal establishments have not yet been formulated. The Government adds that only persons who have been sentenced to a penalty depriving them of their freedom are imprisoned. The Committee asks the Government to send, as soon as it is in a position to do so, copies of statutory or administrative instruments regulating the employment of prisoners in federal and emirate prisons; pending the adoption of such instruments, the Government is requested to indicate the practice followed in this regard.

3. Article 25 of the Convention. The Committee notes the Government's indication in its report that there are no sanctions in law for the illegal exaction of forced or compulsory labour in so far as such practices do not exist in the country and article 34 of the Constitution, referred to above, is deemed sufficient prohibition. The Committee observes that Article 25 of the Convention obliges ratifying States to make the illegal exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and are strictly enforced. Ratifying States, even if successful in abolishing forced labour, are not exempted from this obligation. Accordingly, the Committee hopes that measures will be taken to provide in law that the exaction of forced labour is punishable as a penal offence and to ensure that the penalties thus imposed are really adequate.