Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - United Arab Emirates (Ratification: 1997)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. 1. Law No. 7 on combating terrorism offences of 2014 (Counter-Terrorism Law). The Committee notes that the Counter-Terrorism Law of 2014 contains various provisions that establish a penalty of imprisonment for various “terrorism-related offences”. The Committee notes that penalties of imprisonment involve compulsory labour, pursuant to section 71 of Federal Law-Decree No. 31 of 2021 promulgating the crimes and penalties law (Penal Code) and section 292 of Federal Decree-Law No. 38 of 2022 promulgating the Criminal Procedures Law (Code of Criminal Procedure).

The Committee takes note of a communication dated 13 November 2020 (OL ARE 6/2020), in which United Nations special procedure mandate holders expressed concern over the fact that the wording of the criminal provisions included in the Counter-Terrorism Law was sometimes imprecise and ambiguous, to the point that it might undermine the principle of legal certainty, including as regards the definition of terrorism itself. The special procedure mandate holders expressed concern that the use of ambiguous terms such as “opposing the country”, “influencing the public authorities of the country or another country or international organization”, raise serious concerns with regard to their arbitrary application due to their lack of legal specificity. They also expressed concern about how section 63 of the Counter-Terrorism Law appears to give the Minister of Presidential Affairs significant discretion to label any organization a terrorist entity, without any clear procedure for exercising this power or oversight over it.

The Committee takes note of the opinions issued by the United Nations Working Group on Arbitrary Detention on 5 May 2023, concerning the case of 12 Emirati individuals involved in the UAE94 mass trial. This group, consisting of academics, judges, lawyers, students and human rights defenders, were convicted on various counter-terrorism and cybercrime charges in 2013. After completing their sentences, they were subsequently detained in munasaha centres under the Counter-Terrorism Law of 2014, purportedly due to perceived terrorism threats. Among other findings, the Working Group notes that their placement in detention was retroactively based on the implementation of the Counter-Terrorism Law, the provisions of which are vaguely and broadly worded and may have a deterrent effect on the exercise of the rights to freedom of thought, conscience and religion, freedom of opinion and expression, and freedom of peaceful assembly and association. The Working Group also concludes that it appears that the 12 detainees were selected for ongoing incarceration under the Counter-Terrorism Law on the basis of their public activities involving the exercise of their rights to freedom of expression and of assembly, for which they were originally arbitrarily detained.

The Committee notes with concern the reported instances of misuse of the provisions of the Counter-Terrorism Law and observes that individuals convicted under these provisions may face penal sanctions of imprisonment which, as indicated above involve compulsory prison labour. The Committee recalls that, under Article 1(a) of the Convention, no penalty involving compulsory labour may be imposed on persons for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee points out in this respect that the protection provided by the Convention does not extend to persons who use violence, incite to violence or engage in preparatory acts aimed at violence. The Committee also stresses that, while counter-terrorism legislation responds to the legitimate need to protect the security and safety of the population, when drafted in general and broad terms it can become a means of punishing the peaceful exercise of civil rights and liberties, such as the freedom of expression and the right to assembly. The Convention protects these rights and liberties against repression by means of sanctions involving compulsory work.

The Committee requests the Government to take the necessary measures to ensure that no penalties involving compulsory labour can be imposed, in application of the Counter-Terrorism Law of 2014, on personswho, without using or advocating violence, express political views or views opposed to the established political, social or economic system. It requests the Government to provide information that would allow the Committee to assess the manner in which the Law is used and interpreted by the competent authorities, including the number of prosecutions, convictions and penalties imposed for committing terrorism-related offences and a description of the facts that led to these convictions.

2. Federal Act No. 15 of 1980 governing publications and publishing. The Committee previously noted the Government’s indication that a draft Act regulating media activities was under consideration, which would review Federal Act No. 15 of 1980. In this regard, the Committee recalls that, for a number of years, it has been referring to the following provisions of Federal Act No. 15 of 1980, under which penal sanctions involving compulsory prison labour may be imposed:

• section 70: prohibition on criticizing the Head of State or the rulers of the Emirates;
• section 71: prohibition on publishing documents harmful to Islam, or to the Government, or to the country’s interests or the basic systems on which society is founded;
• section 76: prohibition on publishing material containing information shameful to the Head of State of an Arab or Muslim country or a country with friendly ties, as well as material which may threaten the ties of the country with Arab, Muslim or friendly countries;
• section 77: prohibition on publishing material which causes an injustice to Arabs or constitutes a misrepresentation of Arab civilization or cultural heritage;
• section 81: prohibition on publishing material which harms the national currency or causes confusion over the economic situation of a country.

The Committee notes with regret the lack of information from the Government about any new developments concerning the review of Federal Act No. 15 of 1980.

The Committee urges the Government to take the necessary measures to ensure that within the framework of the adoption of the draft Act on media activities or any other legislative review, the above-mentioned provisions will be reviewed in order to ensure that the legislation governing publications and media does not contain provisions that would permit the conviction of, and imposition of penalties of imprisonment on, persons who hold or express political views or views ideologically opposed to the established political, social or economic system.

3. Penal Code. Over a number of years, the Committee has been drawing the Government’s attention to the incompatibility with the Convention of certain provisions of the Penal Code of 1987 which prohibited the establishment of an organization or the convening of a meeting or conference for the purpose of attacking or mistreating the foundations or teachings of the Islamic religion, or calling for the observance of another religion, with such offences being punishable with imprisonment for a maximum period of ten years (sections 317 and 320). The Committee also referred to sections 318 and 319 of the Penal Code pursuant to which a prison sentence could be imposed on any person who is a member of an association specified in section 317, who challenges the foundations or teachings of the Islamic religion, proselytizes another religion or advocates a related ideology.

The Committee notes with regret that the new Penal Code adopted in 2021, under sections 368 and 371, criminalizes the same offences and retains the penalty of imprisonment which involves an obligation to work.

The Committee therefore requests the Government to take the necessary measures to bring sections 368 to 371 of the Penal Code into conformity with the Convention, such as by limiting their scope to acts of violence or incitement to violence. Pending the adoption of such amendments, the Committee requests the Government to provide information on the application in practice of these provisions, including the number of prosecutions and convictions, as well as the facts giving rise to these convictions and the nature of the penalties imposed.

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