Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Emirats arabes unis (Ratification: 2001)

The Committee notes the Government’s report and the communication of the International Trade Union Confederation (ITUC) dated 31 August 2006. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Slavery and practices similar to slavery. 1. Sale and trafficking of children for their use in camel jockeying. In its previous comments, the Committee had observed the ITUC’s allegations that, according to the statement made by the Minister for Overseas Pakistanis in November 2004, some 2,000 children from Pakistan, India, Bangladesh and Mauritania were taken to the United Arab Emirates (UAE) to work as camel jockeys. Moreover, in 2005, children as young as 5 years of age continued to be trafficked from Bangladesh, Pakistan, Sudan and Yemen to be used as camel jockeys in the UAE. The Committee had noted with interest the adoption of Federal Law No. 15 of 2005, which prohibits the trafficking of children under 18 for camel racing. It had finally noted that, on 8 May 2005, the UAE signed an agreement with UNICEF in order to rehabilitate and protect child jockeys who were repatriated to their country of origin.

The Committee notes the ITUC’s allegations of 31 August 2006 that, notwithstanding the Government’s indication that camel owners from October 2005 were starting to use robots to replace child camel jockeys, credible sources indicate that races with child jockeys are still taking place in smaller camp-based venues.

The Committee notes with interest the Government’s information that the country took clear measures to address the offence of trafficking in persons by adopting Federal Act No. 51 of 2006, which relates to the trafficking of persons and includes penalties entailing a penalty of life imprisonment if the victim is a boy or a girl under 18 years of age. It also notes with interest that the Government has taken a number of measures to prevent and eliminate the trafficking and the use of children for camel jockeying. In particular, according to the Government, camel jockeying became automated from October 2005, which raised the interest of camel race owners in using robot jockeys rather than child camel jockeys. The Committee finally notes that, according to recent information from UNICEF, in April 2007, UNICEF and the UAE, together with delegates from Pakistan, Bangladesh, Mauritania, and Sudan met to affirm their historic commitment to ending the use of children as camel jockeys and providing services and compensation to all children formerly involved in camel racing in the UAE. Acknowledging that an international solution is the only effective way to protect former camel jockeys, the Governments of Bangladesh, Mauritania, Pakistan and Sudan commended an agreement signed by the UAE and UNICEF to establish a second and expanded phase of their programme to rehabilitate and repatriate child camel jockeys to their country of origin. That agreement, dated 23 April 2007, was signed in Abu Dhabi and extends the UAE–UNICEF programme, which started in May 2005, to May 2009.

The Committee welcomes the comprehensive measures adopted by the Government to prevent and eliminate the trafficking of children under 18 years for camel jockeying and, more generally, the use of children for camel jockeying. It encourages the Government to pursue its efforts to ensure that children under 18 years of age are not trafficked in future for the purpose of camel jockeying, in accordance with the provisions of Federal Law No. 15 of 2005, Federal Act No. 51 of 2006, and the international obligations under the UAE–UNICEF agreement. The Committee also requests the Government to provide a copy of Federal Act No. 51 of 2006 with its next report.

2. Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee had noted the ITUC’s allegations of 2003 that, according to a report of the International Organization for Migration, girls from Azerbaijan, the Russian Federation and Georgia, as well as other countries, had been trafficked to the UAE for sexual exploitation. It had also noted the Government’s indication that section 346 of the Penal Code prohibits the trafficking of children and section 363 prohibits abetting, enticing or inducing a male or a female to commit prostitution. The Committee notes the Government’s information that, by virtue of Federal Act No. 51 of 2006, anyone who traffics a boy or girl under 18 years of age is liable to life imprisonment. However, the Committee notes that, according to the Report of the Special Rapporteur on the Sale of Children, Child Prostitution, and Child Pornography of 24 January 2007 (A/HRC/4/31/Add.2, paragraphs 48–53, pages 15–17), Ukrainian girls are trafficked to the UAE. They are exploited, inter alia, as waitresses, or for sexual services. The Committee also observes that, according to the information available at the Office, no progress was reported in the UAE in punishing trafficking crimes. The Committee urges the Government to take the necessary measures to ensure that persons who traffic in children for commercial sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for trafficking children under 18 years of age for commercial sexual exploitation.

Article 5. Monitoring mechanisms. 1. The police. The Committee had previously noted that inspections carried out by the police during camel racing had contributed to reducing the number of children trafficked to be used as camel jockeys. It had noted that Ministerial Decree No. 41 of 2005 established a Special Commission, composed of policemen, who are responsible, among others, for monitoring camel racing, especially the issue of child camel jockeys and responding effectively to any new problem faced in this regard. It notes that, according to the information available at the Office, government officials actively monitored camel races to ensure that children were not used as camel jockeys in violation of Federal Law No. 15 of 2005. The Committee requests the Government to provide information on the measures taken by the Special Commission to ensure that child camel jockeys under 18 years do not take part in camel races, in accordance with Federal Law No. 15 of 2005. It also requests the Government to provide information on the findings of the Special Commission and the number of infringements reported.

2. National Committee to Combat Trafficking of Persons. The Committee notes the Government’s information that after the promulgation of Federal Law No. 15 of 2005, the Minister of Interior issued Order No. 376 of 2005 concerning the setting up of a National Committee to Combat Trafficking of Persons. This National Committee is presided by the Under-Secretary of the Ministry of Justice, and includes representatives of the Ministries of Interior, Foreign Affairs, Labour, Social Affairs, and the General Director of the Dubai Police, Zayed Corporation for Charity, and the Red Crescent. The National Committee has several tasks aimed at combating trafficking in persons. The Committee requests the Government to provide information on the measures taken by the National Committee to Combat Trafficking of Persons and their impact on eliminating the trafficking of children under 18 years for the purpose of labour exploitation, in particular for use in camel jockeying, as well as for sexual exploitation.

Article 7, paragraph 1. Penalties. Trafficking of children for their use in camel jockeying. The Committee had previously noted that the ITUC’s allegation that prosecutions of persons exploiting trafficked children in camel races were rare. Young child camel jockeys were found in al-Baraimmi in Oman and in al‑Ain in the UAE, where the owners of camel jockeys form part of the local elite and enjoy impunity. The Committee had noted that Federal Law No. 15 of 2005 provides for three years’ imprisonment or a minimum fine of 50,000 dirhams or both for persons who traffic in, recruit, or use children under 18 years of age for camel racing.

The Committee notes the ITUC’s more recent allegation that, considering the fact that approximately 2,000 child camel jockeys were found in the UAE in May 2005, the figure for prosecutions under the new law is very disappointing and raises serious questions as to whether existing monitoring and enforcement mechanisms are adequate.

The Committee notes that, in the framework of the UAE–UNICEF programme to rehabilitate and repatriate trafficked former child camel jockeys, the Government held an amnesty for persons releasing under age jockeys by 31 May 2005. It also notes that the prosecutions against those trafficking in and employing children for camel jockeying concern the period from June 2002 to August 2004 (whereas from October 2005 the Government indicates that robots started being used as camel jockeys). Furthermore, it notes the Government’s information under Convention No. 138 regarding two cases in which penalties were imposed on persons who – due to the negligence in adopting the necessary safety measures – were responsible for causing injuries to child camel jockeys. In particular, in one case (No. 9112/2002, Abu Dhabi), the accused was sentenced to three months’ imprisonment and to a fine for financial compensation, for having caused – due to the negligence in adopting the necessary safety measures – the death of a child camel jockey. In another case (No. 701/2003), the accused was sentenced to one month’s imprisonment and to a fine for financial compensation, for having caused – due to the negligence in adopting the necessary safety measures – injury to a child camel jockey. The Committee requests the Government to continue to take the necessary measures to ensure that persons who traffic in children for camel racing, as well as persons who use children as camel jockeys, in contravention of the provisions of Federal Law No. 15 of 2005 and the conditions for amnesty stated within the UAE–UNICEF programme, are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Children trafficked for camel jockeying. The Committee had previously noted that, in the framework of the UAE–UNICEF programme, sheltered housing was established to take care of child victims of trafficking before repatriating them to their country of origin. It had also noted that 86 children working as camel jockeys in 2002, and 21 children in early 2003, were repatriated to Pakistan. Moreover, between 13 February 2005 and 3 May 2005, 93 child victims of trafficking were repatriated to their country of origin.

The Committee notes the ITUC’S allegations that there is a major discrepancy between the Government’s estimate of 3,000 camel jockeys in the UAE (estimate done on the occasion of the agreement signed with UNICEF) and the number of children repatriated. These figures indicate that many more children continue to work as camel jockeys and still need to be identified and repatriated.

The Committee notes that the UAE continues to rehabilitate and repatriate former child camel jockeys. In this regard, it notes the Government’s information that it has earmarked US$10 million to rehabilitate child camel jockeys and repatriate them to their countries of origin. The number of children benefiting from the programme carried out by the UAE–UNICEF programme, as of 27 March 2006, was 1,073, of which 571 were Pakistani children, 318 Bangladeshi, 159 Sudanese, 18 Mauritanian, and seven Eritrean. According to the Government, former child camel jockeys from Pakistan received financial compensation from the UAE authorities. The Committee notes that the UAE is continuing to cooperate with UNICEF and the Governments of Pakistan, Bangladesh, Mauritania and Sudan, in order to withdraw children trafficked to the UAE for use in camel jockeying, rehabilitate them, repatriate them to their countries and reintegrate them in their communities. In this regard, it notes the Government’s information that, in 2007, it earmarked a further US$30 million in order to provide additional care centres for former child camel jockeys and pay them financial compensation. The Committee also notes that, according to recent information from UNICEF, in the framework of the UAE–UNICEF programme, the UAE Ministry of Interior and government representatives from Sudan, Bangladesh, Mauritania and Pakistan decided to establish an independent claims facility to compensate any anguish, pain, emotional distress or physical injuries that child camel jockeys from these countries who were formerly involved in camel racing in the UAE may have suffered. Each of the countries will establish an independent claims facility governed by an administrative board, with one member for each board appointed by the UAE Ministry of Interior, and two members for each board appointed respectively by the Ministry of Home Affairs of the Government of Bangladesh, the Government of the Islamic Republic of Pakistan, the Ministry of Interior of the Republic of Sudan, and the Government of the Islamic Republic of Mauritania. Each Board may designate one or more NGOs or similar entities like UNICEF or the Red Crescent Society, chosen for their expertise in working with children formerly involved in camel racing. These NGOs/entities will help publicise the claim facility and provide legal and other assistance to children who are considering or have filed claims. The Committee requests the Government to continue to provide information on the number of children under 18 years who have been withdrawn from trafficking for camel jockeying and repatriated through the UAE–UNICEF programme. It also requests the Government to provide information on the compensation given to former child camel jockeys through the Independent Claims Facility.

2. Child victims of trafficking for sexual exploitation. The Committee previously noted the ITUC’s indication that the authorities of the UAE make no distinction between prostitutes and victims of trafficking for sexual exploitation, all of whom bear equal criminal responsibility for involvement in prostitution. The ITUC pointed out that trafficked persons were consequently not treated as victims and were not supported or protected. The Committee had observed the Government’s information that child prostitutes are sentenced to imprisonment and when they are foreigners, which is the case for most of them, they are repatriated to their country of origin. The Committee had encouraged the Government to ensure that children trafficked to the UAE for commercial sexual exploitation were treated as victims rather than offenders and had requested the Government to take measures to ensure the rehabilitation and social integration of child victims of trafficking for sexual exploitation. The Committee notes the Government’s information that the Dubai charity organization was set up in order to ensure the welfare of women and children. This constitutes a qualitative leap forward in providing social protection, accommodation, support, health services, psychological care and education to women and child victims of trafficking, in order to reintegrate them into society. The Committee requests the Government to indicate the number of child victims of trafficking for sexual exploitation who have been rehabilitated and socially integrated through the Dubai charity organizations or other centres.

The Committee is also addressing a request directly to the Government concerning certain other points.