Minimum Age Convention, 1973 (No. 138) - United Arab Emirates (Ratification: 1998)

Individual Case (CAS) - Discussion: 2002, Publication: 90th ILC session (2002)

A Government representative stated that section 13 of the Basic Statutes on Camel Racing prohibited the employment of children as camel jockeys. Only persons who fulfilled the international requirements of camel jockeys and who were not less than 45 kg in weight were allowed to practice the sport. There were a number of regulations which ensured the safety and health of camel jockeys, penalizing any person violating their rules. The Ministry of Labour and Social Affairs had requested an amendment to section 20 of Federal Law No. 8 of 1980 concerning the regulation of labour relations which defined a young person according to the law as someone who has completed 15 years of age but is under 18 years old. Young persons of both sexes under the age of 15 were not allowed to be employed; and young persons under the age of 18 were not permitted to work in hazardous tasks or in tasks whose nature could jeopardize their health, safety or morals, in conformity with Article 3 of Convention No. 138 and the provisions of Convention No. 182 ratified by the United Arab Emirates in 2001.

The speaker drew attention to the fact that his Government had repatriated camel jockeys to their countries of origin at the expense of the Government on grounds of their non-observance of the requirements needed to practice camel jockeying. This demonstrated the Government's commitment to implementing the regulations currently in force on camel racing and confirmed that such an activity was carried out outside the territory of the United Arab Emirates.

With respect to the Committee's request to the Government to provide detailed information on the two cases of exploitation of foreign children who had been repatriated to their countries of origin, as well as on any proceedings initiated against persons responsible for their presence in the country and on the sanctions applied, he explained that the Ministry of Labour and Social Affairs had asked the police to provide it with all information on the allegations and communications regarding the smuggling of children into the country in general, and into the two cases in particular. In reply, the police had indicated that the notifications registered with them were not an indicator of the bad treatment of children in the country. Such children came into the country with their parents who were responsible for them, due to the fact that the law governing the entrance and residence of foreigners prohibited the entrance of any minor without the guarantee of the parents. The official stamp concerning residence which prohibited remunerated or unremunerated employment (with the exception of wives and unmarried daughters under limited conditions) was further proof of his country's commitment to the law. Allegations to the contrary, including reports from the media, did not identify any specific violations of laws or non-observance of the relevant Conventions. It was the parents who actually urged their children into employment for the sake of money without the knowledge of the authorities. Those parents whose responsibility was proven were referred to the public prosecutor for trial. The investigations carried out by the police concluded that the limited number of such notifications could not be considered an indicator of a widespread practice but reflected rather specific behaviour which was closely monitored by the police.

Referring to the communication of the ICFTU, dated 29 August 2001, on the death of a 7-year-old boy on 11 April 2001 as a result of kidney damage sustained during his two-and-a-half-year period spent as a camel jockey in Dubai and the death of a 6-year-old boy in May 2001, who was seriously injured when he fell from a camel, and the trafficking of hundreds of boys for use as camel jockeys in the United Arab Emirates every year, the speaker indicated that no information on the above allegations was available. He requested more time for his country to obtain the necessary information from the competent authorities regarding these allegations.

The speaker stated that the present system in force to govern the employment of foreigners in the country did not authorize the issuing of a work permit to any person who had not completed 18 years of age, in accordance with regulations contained in Ministerial Order No. 23 of 1981 as amended by Ministerial Order No. 52 of 1989 on the procedures and regulations respecting the employment of foreigners in the Emirates. He concluded by referring to the record of his Government in the field of human rights which focused clearly on children's welfare by providing them with the necessary educational, health, housing and social services.

The Employer members noted that these substantial violations of Convention No. 138 were discussed by the Committee last year, and that, as per the year before, the Government' s response was once again confusing, dubious and provided little concrete information. The Government representative had referred to the Basic Rules Governing Camel Racing of the Camel Jockey Association as evidence that children were not used as jockeys in such races. They pointed out that these rules were of no legal force, and, furthermore, contained no provisions relating to the minimum age. They also noted that the Government representative had failed to respond to the alleged cases of children dying in connection with their work as camel jockeys. They emphasized that the Government needed to produce hard figures relating to the problem, such as an estimate of the number of children working as camel jockeys. In light of the lack of information provided, however, last year's conclusions should not only be repeated, but made more firm. In conclusion, they stated that these were serious allegations and that it was necessary to provoke action from the Government in order to rectify the situation.

The Worker members noted that the Committee had urged the Government to prevent the use of children under 18 as camel jockeys, including through the establishment and imposition of criminal penalties, and to report on the measures taken to combat both camel jockeying and trafficking of children for that purpose. No progress had been achieved in this regard, and evidence of children continuing to be kidnapped or sold to be used as camel jockeys in the United Arab Emirates continued to mount. As proof of this, they summarized several news reports from last year relating to this issue, including stories of the rescue of several young boys, ranging in age from 3 to 8 years, who had been trafficked to work as camel jockeys, beaten and abused. Estimating that 30 boys a month are kidnapped in Pakistan alone and taken to the United Arab Emirates, they stated that these were not isolated cases but a systematic violation of Convention No. 138 which the Government had done little to remedy, in legislation or in practice. The violations continued with impunity because the families that controlled camel races were above the law. They urged the Government to amend the legislation as recommended last year; carry out regular, unannounced inspections to identify, release, and rehabilitate any child being used as a camel jockey; pursue the prosecutions of traffickers and camel jockey masters; and avail itself of ILO technical assistance in developing programmes to eradicate this problem. Should there be no progress, they concluded, the Committee should consider a direct contacts mission to the United Arab Emirates.

The Worker member of Japan stated that this was a clear case of violation of Convention No. 138. Children as young as 5 years of age are forced to work as camel jockey. Some of them are kidnapped or sold by their relatives and trafficked in the United Arab Emirates. All children, regardless of nationality, religion, or sex, have the absolute right to be brought up in a healthy environment, with the affection of their family and support of the community, and they have the right to develop their abilities to the fullest. This is the spirit underlying Conventions Nos. 138 and 182. The United Arab Emirates ratified these instruments in 1998 and 2001 respectively. Nonetheless, young children working as camel jockeys do not enjoy any of these rights. The speaker noted that although the rules of the Federation of Camel Racing prohibit the use of children as jockeys, the rule was not legally binding. The situation was all the more serious given the high per capita income of the country. The speaker supported the recommendations of the Committee of Experts that the Government should take measures immediately to abolish the practice of using children as camel jockeys.

The Worker member of Singapore stated that the existence of children employed as camel jockeys was undeniable. The Committee of Experts' observation noted in paragraph 5 that even the Government's list of repatriated jockeys included a number of children. Although the Government is not responsible for the kidnapping, trafficking, and employment of children as camel jockeys, it is responsible for establishing laws and systems to ensure that no person or organization profits from these violations of children's rights. The laws must be stringent, the penalties harsh, and the monitoring system effective in order to fully deter these abusive practices.

The Government member of Kuwait, speaking on behalf of the Gulf Cooperation Council including Bahrain, Saudi Arabia, Oman, Qatar and Kuwait, stated that the Government of the United Arab Emirates had taken positive steps since the 89th Session of the International Labour Conference and the discussions of the Committee of Experts. The comments of the Government representative indicated that the violations of procedures and regulations reflected individual cases and could not be considered a general practice. Such individual cases occurred contrary to the national laws currently in force and the Government was making serious efforts to put an end to them. He concluded by expressing his full confidence that the Government would take all the necessary measures to put an end to such individual cases, and requested the Committee to give an opportunity to the Government of the United Arab Emirates to complete the necessary measures in this regard.

The Government member of Lebanon, indicated that the Government of the United Arab Emirates had demonstrated its good will in amending the laws in order to combat the employment of children as camel jockeys. She pointed out that child labour inspection in general, and in the informal sector in particular, was an intricate process requiring special efforts. In that context, she referred to IPEC's special programme on child labour inspection which could be implemented in the United Arab Emirates. She concluded by reiterating that the Government had shown that it was making all efforts to combat the phenomenon of child labour in its territory.

The Government representative stated that he had listened with interest to the statements that had been made. He thanked in particular the Government members of Lebanon and Kuwait speaking on behalf of the Gulf Cooperation Council, whose members were more familiar with the facts of this case. The speaker stated that he would bring all of the comments made to the attention of the Government, so that it could take the necessary steps to ensure full implementation of the Convention.

The Committee noted the statement by the Government representative and the discussion which followed. It recalled that it had examined the case the previous year. The Committee shared the concerns expressed by the Committee of Experts concerning the employment of children as camel jockeys in view of the dangerous nature of this activity. It noted the information concerning the trafficking of children to the United Arab Emirates for employment as camel jockeys. The Committee noted the information provided by the Government representative, and particularly the proposal of the Ministry of Labour to amend section 20 of Law No. 8 of 1980 to prohibit hazardous work for persons under 18 years of age, in accordance with Conventions Nos. 138 and 182. It also noted his indication that those responsible would be subject to legal action and that sanctions would be imposed following the completion of police inquiries. The Committee expressed its deep concern and requested the Government to take the necessary measures without delay, with the support of the ILO, to ensure that young persons under 18 years of age could not be employed as camel jockeys and that the dangerous nature of this activity was recognized. It also requested the Government to ensure the protection of children against trafficking and any other form of exploitation, also taking into account the obligations deriving from the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), and the Forced Labour Convention, 1930 (No. 29). It emphasized the need to impose sanctions on those responsible. The Committee asked to be kept informed of the amendment of the legislation, which it hoped was effective, and on the sanctions imposed on persons involved in the trafficking of children.

Individual Case (CAS) - Discussion: 2001, Publication: 89th ILC session (2001)

A Government representative pointed out, with reference to the communication made by the International Confederation of Free Trade Unions (ICFTU) concerning work by children as camel jockeys, that his Government had sent an initial reply to the International Labour Office in November 2000. The reply acknowledged receipt, indicating that time was needed to collect some information from various governmental bodies on the claims mentioned in the communication. He added the following clarifications: (1) the communication sent to his Government towards the end of 2000 referred to isolated events that occurred in 1997, 1998 and 1999, and were unsubstantiated as they were based on hearsay and on a few events that took place outside the United Arab Emirates. Furthermore, the communication and annexes were sent in English, which required their translation into Arabic first, followed by an examination into the unsubstantiated accusations; (2) the comments made by the Committee of Experts did not relate to law or practice in the United Arab Emirates nor did it relate to the application of Convention No. 138, pursuant to the provisions relating to its application. The United Arab Emirates had ratified this Convention in 1998 and had sent detailed and substantiated reports on its application in practice and in law, pursuant to article 22 of the ILO Constitution; (3) the report of the Committee of Experts had revealed that the use of children as camel jockeys was contrary to section 20 of the Labour Code; the latter prohibited the employment of children under 15 years. Furthermore, the Committee of Experts had referred to the report of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography (E/CN.4/1999/71) which mentioned that the Camel Jockey Association of the United Arab Emirates prohibited the use of children as jockeys in 1993. In that context, the speaker reiterated his Government's commitment to the decision of the Camel Jockey Association in addition to his country's commitment to the letter and spirit of the Convention as well as its application in practice. He undertook to send a detailed report to the Committee of Experts. He emphasized that his country afforded protection to children in the following manner: (a) the United Arab Emirates gave special attention to the protection of children based on its beliefs, Constitution, national legislation, and its practice; (b) the Constitution contained various articles providing for the protection of children, mothers and vulnerable groups and prohibiting the exploitation and trafficking of persons under sections 15, 16 and 34; (c) the legislation and regulations currently in force in the United Arab Emirates prohibited categorically the exploitation and mistreatment of children as specified in sections 346 and 350 of the Federal Penal Code of 1987; (d) sections 20 and 34 of the Federal Labour Law No. 8 of 1980 prohibited the employment of young persons of either sex who had not turned 15 years of age, and set penalties for guardians who employed children under 18 years of age, in violation of the legal provisions; (e) the Camel Jockey Association was incorporated on 25 October 1992 to regulate that occupation in the country; (f) the Basic Rules governing Camel Racing contained a set of instructions that prohibited the use of children in such races. The speaker further indicated that, as specified in section 14, camel jockeys should fulfil a few conditions such as the prohibition of the use of children as camel jockeys; the weight of jockeys should not be less that 45 kg; medical fitness of jockeys; and the wearing of protective helmets; and other points. He stressed his country's commitment to the observance of human rights since it had ratified a number of international agreements such as the Convention on the Eradication of all Forms of Racial Discrimination of 1965, and the Convention on the Rights of the Child of 1990. Moreover, his country had ratified the core ILO Conventions Nos. 29, 100, 105 and 138 and a decree was promulgated ratifying Conventions Nos. 111 and 182 in June 2001. The regulations in force prohibited the use of children in camel racing even if these children entered the country through smuggling or accompanied by their parents. He added that the allegations brought against his country were misleading as they were aimed at spoiling his country's reputation, or were made by persons misinformed of the legislation in the United Arab Emirates. He concluded by informing the Committee that his country would be sending in due course a detailed report on the subject, and expressed his belief in the wisdom of the Chairperson and the Vice-Chairpersons to reach the appropriate conclusions regarding this question.

The Worker members noted that the importance of Convention No. 138 had been revealed through the ratification campaign on the fundamental Conventions and the combat against child labour. The reason for placing the United Arab Emirates on the list, which had ratified the Convention in 1998, was not to discourage States which made efforts to ratify the Conventions but rather to help them in the application of the provisions of the Convention with a view to eliminating child labour as quickly as possible. The information communicated by an international workers' organization revealed that in the United Arab Emirates very young children, barely 5 years old, were used as camel jockeys. Concerning the age for admission to this type of work, two points should be underlined. First, in accordance with Article 2 of the Convention, legislation prohibited work by children who were less than 15 years old; the problem in this case resided, therefore, in the application of legislation in practice. Second, the employment of children as camel jockeys was considered by the Committee of Experts, and the Worker members agreed on this point, as a type of hazardous employment which according to Article 3 of the Convention could be performed only by persons who were not less than 18 years old. The situation was even more serious as these children had often been kidnapped or sold by their parents. The work of very young children in inhuman conditions, deprived of contact with their family, constituted a very serious violation of fundamental human rights. In these conditions, the Committee should adopt strict conclusions. It should be noted however, that recourse to the technical assistance of the Office or to the International Programme on the Elimination of Child Labour (IPEC) could help the Government to bring its legislation and national practice into conformity with the Convention.

The Employer members considered that there was a double violation of Convention No. 138. They noted the information received by this Committee based on the communication of the ICFTU which had already been sent to the Government on 18 September 2000. Until now, the Government had not provided any reply. The Committee of Experts' comments, based on the information transmitted by the ICFTU, related to the issue of work performed by children of 5 or 6 years of age as camel jockeys. These boys were underfed and were subjected to severe diets before races so that they were as light as possible. This practice violated the condition of the minimum age of 15 years for admission to employment or work, as indicated by the Government itself when it ratified the Convention. In addition, in view of the hazardous nature of the work of camel jockeys, the condition of the admissible minimum age of 18 years for employment, as stipulated in Article 3, paragraph 1 of Convention No. 138, was violated. Regarding the statement of the Government representative, the Employer member indicated that it had been puzzling and dubious. The Government representative had first of all indicated that it was difficult for his Government to reply since the documentation forwarded to it was in English. Then he had indicated that his Government had already replied and finally, he had stated that his Government would reply in due time. Although it was a general principle that the parties concerned had to be heard before judgement, this Committee had the right to decide upon this case since the Government had not replied in due time. In conclusion, the practice of using young children as camel jockeys had to be noted with great concern by the Committee.

The Worker member of the United Kingdom asserted that the Committee had before it a Government, which had ratified the Convention, yet which was failing to meet its obligations either to apply the Convention or to report in full to the Committee of Experts. The violation was clear: the general age for entry into employment specified by the Government when it ratified the Convention in 1998 was 15 years of age. Without doubt, camel jockeying was a hazardous occupation, and should not be performed by anyone under the age of 18. That was the case both under Conventions Nos. 138 and 182. Yet, all the information indicated that extremely young children were being trafficked, mainly from the sub-Continent and also possibly from Sudan. The Camel Jockey Association of the United Arab Emirates banned child jockeys in 1993, yet the rules were simply ignored. Child camel jockeys were often kidnapped, sold by parents or relatives or taken on false pretences from their own country. The work was extremely hazardous and could result in serious injury or death. There was evidence of mistreatment and torture of child camel jockeys by their employers. They were separated from their families in a strange country with a different language where they were unable to report abuse. The speaker welcomed the Committee of Experts' clear statement that camel jockeying constituted dangerous work under Article 3 of the Convention. He then proceeded to give concrete examples of the dangers involved. An article in the Gulf Times earlier this year included an interview with a camel jockey from a neighbouring State who was recovering from a broken arm, and a former jockey who confirmed that there were many injuries to child jockeys, including "bleeding due to constant pressure ... and smashing of genitals is common and indescribably painful". Some recent cases reported to the speaker from his colleagues in Anti-Slavery International included the following: a 4-year-old camel jockey from Bangladesh whose employer burnt his legs for underperforming - burnt them so badly that his life was endangered; a 10-year-old from Pakistan found wandering in the streets of Abu Dhabi after escaping from his trafficker; two brothers, aged 6 and 4, rescued following a tip-off from the Pakistan Embassy. The 6-year-old had been treated in a hospital for leg injuries after falling from a camel. They were reported to have been sold for US$5,325 each to a man in the United Arab Emirates; in March 2001, two more 7-year-olds were trafficked from Pakistan to Dubai, and sent back because they were overweight; in April 2001, a 7-year-old Bangladeshi died from kidney damage sustained in camel racing in Dubai. He was repatriated for treatment but died in a Dhaka hospital. The United States State Department estimated that 20 under-age jockeys were repatriated during 2000. The Centre for Women and Children Studies in Dhaka estimated that nearly 1,700 boys were victims of trafficking in the 1990s. Most were boys younger than 10 years old. Most were destined to be camel jockeys in Gulf countries. In 1998, the Government of the United Arab Emirates stated that it was doing its best to eradicate the practice and that camel owners using jockeys under the age of 14 should be severely punished. The speaker pointed out that the age limit was four years too low. But it was also clear that the Government of the United Arab Emirates had not taken measures in conformity with Article 9 of the Convention which called for the effective enforcement of its provisions, including the establishment of appropriate penalties. The use of young children - sometimes very young children - was blatant, appalling and an inexcusable abuse of children as well as a blatant violation of the Convention. The United Arab Emirates was one of the world's richest countries. It had no excuse for its failure to stop this abuse. It should carry out regular unannounced inspections to identify, release and rehabilitate any child camel jockey under the age of 18. It should ensure the prosecution of all those responsible for employing children as camel jockeys and for trafficking children. It should report the extent and results of those prosecutions to the Committee of Experts, and the sentences passed by year since 1998 of those illegally employing under-age jockeys, and those trafficking children. The speaker insisted that the Government ask IPEC for immediate technical assistance to deal with this problem as a matter of urgency. But if the Government denied all the evidence, then the Office should itself verify the facts on the ground.

The Worker member of New Zealand endorsed the statements made by the Worker members. This case was a clear violation of the Convention. While the Camel Jockey Association of the United Arab Emirates had banned the use of children as camel jockeys in 1993, the Committee of Experts referred to new evidence which "clearly indicated that these rules were being blatantly ignored". More specifically the Committee of Experts had referred to evidence that in February 1998, ten Bangladeshi boys between 5 and 8 years of age, were rescued in India while being smuggled to the United Arab Emirates to become child jockeys. It was an irony that as that case was being discussed, the debate on the Global Report on forced labour was taking place in the plenary. This case symbolized some of the worst features of the practice of forced labour: the kidnapping, trafficking, exploitation and physical abuse of children. The United Arab Emirates which was a wealthy country, appeared to be turning a blind eye to the practice. Article 9 of the Convention called for the effective enforcement of appropriate penalties. This was clearly not being done. The United Arab Emirates might have laws and regulations but they were not being enforced. Given the total failure of the Government to meet its obligations and enforce its laws the speaker supported the call for the Committee to issue strong conclusions in this case.

Another Government representative noted with interest all the comments made by members of this Committee and indicated that he would transmit them to his Government. However, he wished to emphasize that since 1993, when the Camel Jockey Association of the United Arab Emirates finally prohibited the use of children as jockeys, no children under 45 kg had been used as camel jockeys in his country. Furthermore, since entry into the United Arab Emirates was very easy, his Government could not control the persons wishing to exploit children. However, one of the cases of the exploitation of two foreign children who had been repatriated to their country of origin, as mentioned by the Worker member of the United Kingdom, was now being investigated by his Government.

The Worker members noted that the declarations of the Worker member of the United Kingdom had provided concrete information which demonstrated even more clearly the seriousness of the situation. Measures should be adopted at the level of legislation and the control of the Convention's implementation in practice. Many options were available to the Government which could request technical assistance from the Office or IPEC. However, the fact that the Government had denied the problem constituted a source of additional concern.

The Employer members referred to their initial statements concerning this case. Since there had been no new elements, the deep concern of the Committee had to be expressed in its conclusions.

The Committee took note of the information provided by the Government representative and the subsequent discussion. The Committee recalled that it had on many occasions expressed its concern at the use of children in employment or work which might prevent them from participating in school activities or affect their normal, physical and mental development. That concern was all the greater when the activities for which children were used might jeopardize their health, life or morals. The use of children as camel jockeys was a dangerous activity that might seriously damage their health, as the Committee of Experts had indicated in its observations. According to the information communicated to the Committee of Experts, the children used as camel jockeys had been brought into the country illegally for that specific purpose. Moreover, according to that information, before the children were used for that activity, they were subjected to diets which harmed their health. Consequently, the Committee, in expressing its profound concern at the new information submitted to it concerning a serious violation of the Convention, considered that measures should be taken to prevent trafficking in children to the country and their employment in that dangerous activity. The Committee requested the Government to prevent the use of children under 18 years as camel jockeys. In addition, the Committee hoped that the Government would adopt legal and practical steps to reinforce the prohibition of children as camel jockeys, including the establishment of criminal sanctions to combat such activities. It also requested the Government to submit a report for examination by the Committee of Experts at its next meeting in November-December 2001, containing detailed information on the measures it had adopted in that respect, including strengthened criminal sanctions and the appropriate measures to enforce them. It further asked the Government to report on the measures that it had adopted, under its national policy to be formulated to combat child labour, in accordance with Article 1 of the Convention, in order to combat trafficking in children for use as camel jockeys and to provide information on any relevant necessary inspections and judicial decisions. The Committee hoped that the Government would seek technical assistance from the ILO, and in particular IPEC, with a view to developing programmes to eradicate the use of children as camel jockeys.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 6 of the Convention. Minimum age for admission to apprenticeship. The Committee previously urged the Government to take the necessary measures to ensure that the draft amended section 42 of the Labour Code was adopted in the very near future to raise the minimum age for admission to apprenticeship from 12 to 15 years as required under the Convention.

The Committee notes with satisfaction the adoption of Ministerial Decree No. 519 of 2018 concerning the Regulations and Conditions of Training and Employment of Students enclosed with the Government’s report which provides that “Any establishment is permitted to recruit students aged 15 years and above during their annual academic holidays, for a period that does not exceed three consecutive months each time” (section 1). Section 3 also provides that training shall not affect children’s health or attendance at school and that the employer shall obtain a written consent from the student’s parent or legal guardian and that the student shall provide a copy of his/her Emirates identity card as verification of his age, accompanied by a certificate of physical fitness or a declaration from the student’s parent to this effect. Lastly, section 4 stipulates that the student shall obtain a no-objection certificate from the educational institute in which he/she is enrolled and that the employer shall conclude a training contract with the trainee clarifying the nature of work, its duration, the student’s wage, weekly holiday and the number of daily working hours, which shall not exceed more than six hours per day, interspersed with one hour of rest.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 6 of the Convention. Minimum age for admission to apprenticeship. The Committee previously observed that, according to section 42 of the Labour Code, the minimum age to enter into an apprenticeship contract (defined as the contract whereby the employer undertakes to provide the employee full vocational training) was 12 years. It also noted the Government’s statement that the draft amended text of section 42 of the Labour Code stipulated 15 years as the minimum age for being accepted into training or vocational education, and noted that this draft was under examination and awaiting approval by the Parliament.

The Committee notes with concern the Government’s statement in its report that the draft amendment to section 42 of the Labour Code is still under examination. Considering that the Government has been referring to the amendment to the Labour Code concerning the minimum age for apprenticeships for 15 years, the Committee once again urges the Government to take the necessary measures to ensure that the draft amended section 42 is adopted in the very near future. It once again requests that the Government keep it informed of any progress in this regard, and to provide a text of the amended provision as soon as it has been adopted.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 6 of the Convention. Minimum age for admission to apprenticeship. The Committee previously observed that, according to section 42 of the Labour Code, the minimum age to enter into an apprenticeship contract (defined as the contract whereby the employer undertakes to provide the employee full vocational training) was 12 years. It also noted the Government’s statement that the draft amended text of section 42 of the Labour Code provided 15 years as the minimum age for being accepted in training or vocational education, and observed that this text was going through the constitutional channels in the State.

The Committee once again notes the Government’s statement that the draft amendment to section 42 of the Labour Code is still under examination and awaiting approval by Parliament. Considering that the Government has been referring to the amendment to the Labour Code concerning the minimum age for apprenticeships for a number of years, the Committee once again urges the Government to take the necessary measures to ensure that the draft amended section 42 is adopted in the very near future. It once again requests the Government to keep it informed of any progress in this regard, and to provide a text of the amended provision as soon as it has been adopted.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously requested the Government to take the necessary measures to ensure the promulgation of a ministerial order to determine the types of hazardous work prohibited for persons under 18 years of age.

The Committee notes the Government’s information regarding the promulgation of Ministerial Order No. 803 of 2012, which amends Ministerial Order No. 1189 of 2010 relating to the rules and conditions governing the granting of work permits to young persons. The Committee notes with satisfaction that section 3 of this Order prohibits employers from engaging young persons under the age of 18 years in 31 types of hazardous work, including mineral extraction in mines and quarries, work in nightclubs and bars, work with explosives or dangerous machinery, welding of lead or silver and the slaughter of animals.

Article 6. Minimum age for admission to apprenticeship. The Committee previously observed that, according to section 42 of the Labour Code, the minimum age to enter into an apprenticeship contract (defined as the contract whereby the employer undertakes to provide the employee full vocational training) was 12 years. It also noted the Government’s statement that the draft amended text of section 42 of the Labour Code provided 15 years as the minimum age for being accepted in training or vocational education, and observed that this text was going through the constitutional channels in the State.

The Committee notes the Government’s statement that the draft amendment to section 42 of the Labour Code is still under examination and awaiting approval by Parliament. The Committee once again urges the Government to take the necessary measures to ensure that the draft amended section 42 is adopted in the very near future. It once again requests the Government to keep it informed of any progress in this regard, and to provide a text of the amended provision as soon as it has been adopted.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(1) of the Convention. Scope of application. Exclusion of certain categories of employment or work. In its previous comments, the Committee noted that section 3 of Federal Law No. 8 of 1980 (Labour Code), as amended by Federal Law No. 24 of 1981, excludes from its scope of application domestic servants and employees engaged in agriculture or grazing of animals. The Committee also noted the Government’s indication that the minimum age for domestic work and for work in agriculture or grazing of animals is 18 years and that work permits may not be granted to domestic workers under the age of 18 years. It further noted the Government’s statement that domestic workers, as well as workers employed in agriculture or pastures have their conditions of service subject to public law, namely Federal Act No. 5 of 1985 on civil relations. The Committee requested the Government to indicate which minimum age provisions apply to domestic servants and employees engaged in agriculture or grazing of animals under Federal Act No. 5 of 1985 and the relevant legislation. However, the Committee observed that the sections included in the Government’s report did not contain provisions relating to the minimum age applicable in the sectors excluded by the Labour Code. It therefore requested the Government to indicate the provisions in United Arab Emirates (UAE) legislation that establish the minimum age for domestic work and for work in agriculture or grazing of animals.

The Committee notes the Government’s information that there are no written provisions which determine the minimum age of admission to work in domestic work or work in agriculture or grazing of animals. However, the Government indicates that it has been the practice of the State to not grant work permits to persons under the age of 18 in these categories of work, based on the authorized age in granting work permits to workers who are covered by the Labour Code. Moreover, the Government indicates that the provisions of the Convention are considered to be national law whose application is mandatory in the UAE and, therefore, applicable to the categories of work excluded from the Labour Code.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that Ministerial Order No. 5/1 of 1981, which lists operations that are dangerous, arduous or detrimental to health, and prohibits the employment of young persons in those occupations, applies to young persons under the age of 17. It also noted that the draft amended text of section 20 of the Federal Law No. 8 of 1980 (Labour Code) states that persons under the age of 18 years may neither be employed in exhausting tasks nor in tasks which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. Such types of employment shall be determined by virtue of a ministerial order, after consultation with the competent authorities. It further noted that the draft amended text of section 20 of the Labour Code would replace Ministerial Order No. 5/1 of 1981, and noted the Government’s indication that the draft amendments to the Labour Code (containing the amended section 20) were going through the constitutional channels for its adoption. The Committee noted that while the Labour Code was amended by Federal Law No. 8/2007, these amendments did not include the drafted amended text of section 20.

The Committee notes the Government’s statement that the draft amendment to section 20 of the Labour Code is still in the process of being adopted by Parliament. The Committee urges the Government to take the necessary measures to ensure that the draft amended section 20 is adopted in the very near future so as to ensure the prohibition of hazardous work for persons under 18 years of age. It once again requests the Government to keep it informed of any progress in this regard. Following the adoption of this amendment, the Committee once again requests the Government to take the necessary measures to ensure, following consultation with the organizations of employers and workers concerned, the promulgation of a ministerial order to determine the types of hazardous work prohibited for persons under 18, pursuant to the draft amended text of section 20.

Article 6. Minimum age for admission to apprenticeship. The Committee previously observed that, according to section 42 of the Labour Code, the minimum age to enter into an apprenticeship contract (defined as the contract whereby the employer undertakes to provide the employee full vocational training) was 12 years. It also noted the Government’s statement that the draft amended text of section 42 of the Labour Code provided 15 years as the minimum age for being accepted in training or vocational education, and observed that this text was going through the constitutional channels in the State.

The Committee notes the Government’s statement that the draft amendment to section 42 of the Labour Code is still in the process of being adopted by Parliament. The Committee urges the Government to take the necessary measures to ensure that the draft amended section 42 is adopted in the very near future. It once again requests the Government to keep it informed of any progress in this regard, and to provide a text of the amended provision as soon as it has been adopted.

Considering that the Government has been referring to the amendments to sections 20 and 42 of the Labour Code since 2003, the Committee again expresses the firm hope that these draft amendments are adopted in the near future, in order to bring national legislation into line with the Convention. The Committee requests the Government to keep it informed of any progress made in this regard and invites it to consider seeking technical assistance from the ILO.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 1, of the Convention. 1. Scope of application. Exclusion of certain categories of employment or work. In its previous comments, the Committee noted that section 3 of Federal Law No. 8 of 1980 (Labour Code), as amended by Federal Law No. 24 of 1981, excludes from its scope of application domestic servants and employees engaged in agriculture or grazing of animals. The Committee also noted the Government’s indication that the minimum age for domestic work and for work in agriculture or grazing of animals is 18 years and that work permits may not be granted to domestic workers under the age of 18 years. It further noted the Government’s statement that domestic workers, as well as workers employed in agriculture or pastures have their conditions of service subject to public law, namely Federal Act No. 5 of 1985 on civil relations. The Committee requested the Government to indicate which minimum-age provisions apply to domestic servants and employees engaged in agriculture or grazing of animals under Federal Act No. 5 of 1985 and the relevant legislation. The Committee notes the extracts of Federal Act No. 5 of 1985 on civil relations supplied with the Government’s report. The Committee notes that these provisions pertain to labour contracts, and that section 923 specifies that these sections shall not apply to workers who are regulated by the Labour Code. However, the Committee observes that the sections included in the Government’s report do not contain provisions relating to the minimum age applicable in the sectors excluded by the Labour Code. The Committee therefore requests the Government to indicate the provisions in United Arab Emirates legislation that establish the minimum age for domestic work and for work in agriculture or grazing of animals. It also requests the Government to provide a copy of these provisions.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee previously noted the Government’s indication that primary education, which lasts until the age of 13, is compulsory for all United Arab Emirates citizens, though noted that this was below the minimum age of employment of 15 years of age. The Committee expressed the view that it is desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146, recalling that if compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness. It requested the Government to indicate clearly the age of completion of compulsory schooling under the relevant legislation. It also requested the Government to provide updated statistical information on school attendance and on school enrolment and drop-out rates, especially with regard to children between the ages of 13 to 15 years. The Committee notes the information in the Government’s report on the educational system in the United Arab Emirates. The Committee notes that, pursuant to Federal Law No. 11 of 1972 and Ministerial Order No. 963 of 2002, basic education (cycles one and two) lasts nine years (grades 1–9) and is compulsory. The Committee also notes the Government’s indication that children generally start the basic phase of education at the age of 6 and complete it at the age of 15. The Government also indicates that secondary education, which is not compulsory, lasts for three years (from grades 10–12). The Committee further notes the information in the Government’s report that the rate of completion of basic education is 98.6 per cent of those registered (99.5 per cent girls and 97.7 per cent boys).

Article 9, paragraph 1. Penalties. The Committee previously noted the Government’s indication that a draft amendment to section 181 of the Labour Code contained additional details on penalties. It requested the Government to provide information on any progress towards the adoption of the draft amended section 181 of the Labour Code. The Committee notes the information in the Government’s report that Federal Law No. 8/2007 amended several provisions of Federal Law No. 8/1980. The Committee notes that, pursuant to section 181 of the Labour Code, as amended, any person who violates the obligatory provisions of the Code shall be subject to a minimum fine of 10,000 dirhams (approximately US$2,722) and/or sentenced to imprisonment, except in the case of a harsher penalty provided for in another law. Section 182 of the Labour Code, as amended, states that a harsher punishment shall be proportionate to the number of workers against whom the violation is committed, up to a maximum of 5 million dirhams (approximately US$1,361,211). The Committee also notes that section 183 states that where the contravention is committed for a second time within a year, the penalty may be doubled, and that, subject to sections 34, 41 and 126 of the Penal Code, penal proceedings may be filed against the manager or owner of an enterprise.

Article 9, paragraph 3. Registers of employment. The Committee previously noted that section 22 of the Labour Code requires the employer to keep a register of young persons. The Committee requested the Government to indicate whether registers of young persons, are kept and used in practice. The Committee notes the Government’s statement that employers are required to keep a special register on young persons in the workplace, but that in practice, this is not necessary as there are no young persons in the workplace.

Parts III and V of the report form. Labour inspection and application of the Convention in practice. The Committee previously noted the Government’s indication that, according to labour inspection reports, no large numbers of young citizens of the United Arab Emirates are employed in the private sector. With regard to non-citizens, the existing legislation does not authorize the employment of persons under 18 years of age from abroad. The Committee also noted the Government’s statement that amendments to the Labour Code would soon be adopted, which would help to establish a full system of information on the labour market, including information on young persons.

The Committee notes the information in the Government’s report that labour inspection reports of the past three years indicate that there were no reports of young persons employed in the private sector. The Committee also notes the Government’s statement that this is due to the high per capita income of the country (so that families do not push their children into the labour market) and the laws on compulsory education. The Committee further notes that Ministerial Order No. 55 of 1989 prohibits the issuing of work permits or cards to persons under the age of 18, and requires that all requests for a work permit include a copy of a birth certificate and the last school certificate obtained.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3, paragraph 1, of the Convention. Minimum age for admission to hazardous work. The Committee previously noted that Ministerial Order No. 5/1 of 1981, which lists operations that are dangerous, arduous or detrimental to health, and prohibits the employment of young persons in those occupations, applies to young persons under the age of 17. It also noted that the draft amended text of section 20 of the Labour Code states that persons under the age of 18 years may neither be employed in exhausting tasks nor in tasks which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. Such types of employment shall be determined by virtue of a ministerial order, after consultation with the competent authorities. It further noted that the draft amended text of section 20 of the Labour Code would replace Ministerial Order No. 5/1 of 1981, and noted the Government’s indication that the draft amendments to the Labour Code (containing the amended section 20) were going through the constitutional channels for its adoption. It requested the Government to provide information on any progress in this regard. The Committee notes that while the Labour Code was amended by Federal Law No. 8/2007, these amendments did not include the drafted amended text of section 20. Therefore, the Committee expresses the firm hope that the draft amended section 20 of the Labour Code, on the prohibition of hazardous work for persons under 18, will soon be adopted, and requests the Government to keep it informed of any progress in this regard. Following the adoption of this amendment, the Committee requests the Government to take the necessary measures to ensure, following consultation with the organizations of employers and workers concerned, the promulgation of a ministerial order to determine the types of hazardous work prohibited for persons under 18, pursuant to the draft amended text of section 20.

Article 6. Minimum age for admission to apprenticeship. The Committee previously observed that, according to section 42 of the Labour Code, the minimum age to enter into an apprenticeship contract (defined as the contract whereby the employer undertakes to provide the employee full vocational training) was 12 years. It also noted the Government’s statement that the draft amended text of section 42 of the Labour Code provided 15 years as the minimum age for being accepted in training or vocational education, and noted that this text was going through the constitutional channels in the State. Noting an absence of information in the Government’s report on this point, the Committee requests the Government to take the necessary measures to ensure that draft amended section 42 of the Labour Code is adopted in the near future. Furthermore, it once again requests the Government to keep it informed of any progress in this regard, and to provide a text of the amended provision as soon as it has been adopted.

Considering that the Government has been referring to the amendments to the Labour Code, concerning the prohibition of hazardous work for persons under 18 years of age and the minimum age for apprenticeships, for a number of years, the Committee again expresses the firm hope that the draft amendments to the Labour Code are adopted in the near future, in order to bring national legislation into line with the Convention. The Committee requests the Government to keep it informed of any progress made in this regard and invites it to consider technical assistance from the ILO.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. Exclusion of certain categories of employment or work. In its previous comments, the Committee had noted that section 3 of Federal Law No. 8 of 1980 (Labour Code), as amended by Federal Law No. 24 of 1981, excludes from its scope of application domestic servants and employees engaged in agriculture or grazing of animals. It had noted the Government’s statement that domestic workers, as well as workers employed in agriculture or pasture have their conditions of service subject to public law, namely Federal Act No. 5 of 1985 on civil relations. It had requested the Government to indicate which minimum age provisions apply to domestic servants and employees engaged in agriculture or grazing of animals under Federal Act No. 5 of 1985 and the relevant legislation. The Committee notes the Government’s information that the minimum age for domestic work and for work in agriculture or grazing of animals is 18 years. No work permit may be granted to any domestic worker, male or female, who is under the age of 18 years. The Government supplies a copy of the model work permit for domestic workers. This model specifies that domestic workers shall not be allowed to perform types of work hazardous to their health and morals. Moreover, they shall be treated humanely, ensuring dignity and body safety. The Committee requests the Government to provide a copy of Federal Act No. 5 of 1985, or any other relevant legislation establishing the minimum age for domestic work and for work in agriculture or grazing of animals.

Article 2, paragraph 3. Age of completion of compulsory education. In its previous comments, the Committee had requested the Government to indicate clearly what is the age of completion of compulsory schooling under the relevant legislation. It notes the Government’s information that primary education, which lasts until the age of 13, is compulsory for all citizens of the United Arab Emirates. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention, is fulfilled since the minimum age for employment (15 years for the United Arab Emirates) is not less than the age of completion of compulsory schooling (13 years). The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum Age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. In this regard, the Committee requests the Government to indicate whether secondary education, which lasts until the age of 15 years, is compulsory. The Committee also requests the Government to provide updated statistical information on school attendance and on school enrolment and drop-out rates, especially with regard to children aged from 13 to 15 years.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted that Ministerial Order No. 5/1 of 1981, which lists operations that are dangerous, arduous or detrimental to health, and prohibits the employment of young persons in those occupations, applies to young persons under the age of 17. It had further noted that the draft amended text of section 20 of the Labour Code states that persons under the age of 18 years may neither be employed in exhausting tasks nor in tasks which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. The Committee notes the Government’s information that the draft amended text of section 20 of the Labour Code will replace Ministerial Order No. 5/1 of 1981. It also notes the Government’s information that this amendment is contained in the draft amendments to the Labour Code approved by the Government, and is currently going through the constitutional channels for its adoption. The Committee hopes that the draft amended section 20 of the Labour Code will soon be adopted. It once again requests the Government to keep it informed of any progress in this regard, and to provide a text of the amended provision as soon as it has been adopted.

Article 6. Minimum age for admission to apprenticeship. The Committee had previously observed that, according to section 42 of the Labour Code, the minimum age to stipulate an apprenticeship contract (defined as the contract whereby the employer undertakes to provide the employee full vocational training) was 12 years. It had further noted the Government’s statement that the draft amended text of section 42 of Labour Code provides that 15 years is the minimum age for being accepted in training or vocational education. The proposed amendment to section 42 of the Labour Code is currently being examined by the constitutional channels in the State. The Committee hopes that the draft amended section 42 of the Labour Code will soon be adopted. It once again requests the Government to keep it informed of any progress in this regard.

Article 9, paragraph 1. Penalties. The Committee had previously noted that section 181 of the Labour Code states that a person violating the provisions on the employment of young persons is liable to a fine of a maximum of 10,000 dirhams of the United Arab Emirates and a maximum of six months of imprisonment. It had noted that section 34 of the Federal Law establishes: (1) a specific criminal liability for the employers or their representatives for the enforcement of the provisions on the employment of young persons; (2) the liability of guardians of young persons if they consent to the employment of those young persons contrary to the provisions of the law. It had further noted the Government’s information that the application of penalties specified in section 181 of Federal Law No. 8 of 1980 comes in addition to the penalties specified by virtue of other laws, such as sections 347 and 349 of the Penal Code. The Committee notes the Government’s information that the draft amendment to section 181 of the Labour Code, which contains additional details on penalties, shall be approved within the framework of the amendments to the Labour Code. It requests the Government to provide information on any progress towards the adoption of the draft amended section 181 of the Labour Code. Noting that the Government did not supply a copy of the legislation establishing the criminal liability of employers violating the provisions on child employment under the Labour Code, the Committee once again requests it to provide a copy of this legislation with its next report. It finally once again requests the Government to provide information on the sanctions applied in practice in cases of violation of the provisions on the employment of young persons, including the number and kinds of penalties imposed.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 22 of the Labour Code requires the employer to keep a register of young persons. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate whether registers of young persons are kept by employers pursuant to section 22 of the Labour Code and used in practice by employers.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, according to labour inspection reports, no large numbers of young citizens of the UAE are employed in the private sector. With regard to non‑citizens, the existing legislation does not authorize the employment of persons under 18 years of age from abroad. The Committee notes the Government’s information that, in view of the modest number of young persons employed in the private sector, there are no precise statistics thereon. It also notes the Government’s statement that amendments to the Labour Code will soon be adopted, which will help to establish a full system of information on the labour market, including information on young persons.

The Committee hopes that the amendments to the Labour Code referred to by the Government in its report will be adopted soon, in order to bring national legislation into line with the Convention. It requests the Government to keep it informed on any progress made in this regard.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee had noted with satisfaction that Federal Act No. 15 prohibiting the employment of children under 18 years in camel jockeying, specifies that persons who violate these provisions are liable to a maximum of three years’ imprisonment and/or a minimum fine of 50,000 dirhams. It had further noted the Government’s information that five cases were referred to the courts of the United Arab Emirates (UAE) concerning persons using children for camel jockeying, for which investigations were pending. The Committee takes note of the information provided by the Government with regard to some examples of cases decided by the courts of the UAE. In two cases, penalties were imposed on persons who – due to 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 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 negligence in adopting the necessary safety measures – injury to a child camel jockey.

The Committee proposes to continue to examine more specifically the application in practice of Federal Act No. 15 of 2005 prohibiting the employment of children under 18 years in camel jockeying under the Worst Forms of Child Labour Convention, 1999 (No. 182).

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraph 1. 1. Scope of application. Exclusion of certain categories of employment or work. In its previous comments, the Committee had noted that section 3 of Federal Law No. 8 of 1980 on labour relations excludes from its scope of application: (1) domestic servants; (2) employees engaged in agriculture or grazing of animals; (3) employees working in small establishments and employees engaged in temporary jobs of six months or less. It also noted that section 3 of Federal Law No. 8 of 1980 was amended by virtue of Federal Law No. 24 of 1981. It noted that the amendments thereto decrease the categories of workers excluded from the scope of application of Federal Law No. 8 of 1980, in a way that employees working in small establishments normally employing a maximum of five employees, and employees engaged in temporary jobs of six months and less, are now covered by Federal Law No. 8 of 1980 on labour relations. Noting that neither domestic servants nor employees engaged in agriculture or grazing of animals seem to be covered by Federal Law No. 8 of 1980 as amended, the Committee had asked the Government to provide information on the measures taken or envisaged to ensure that employees working in these categories benefit from the protection laid down in the Convention. The Committee notes the Government’s statement that domestic workers and workers in a similar category, as well as workers employed in agriculture or pasture, who are excluded as specified in section 3 of Federal Law No. 8 of 1980, have their conditions of service subject to public law, namely Federal Act No. 5 of 1985 on civil relations.

The Committee requests the Government to indicate which minimum age provisions apply to domestic servants and employees engaged in agriculture or grazing of animals under Federal Act No. 5 of 1985 and the relevant legislation. The Committee also requests the Government to provide information on children working: (1) as domestic servants; and (2) in agriculture or grazing of animals, in particular with regard to their age, number and the types of work they undertake.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee had previously noted that, under article 17 of the Constitution, education is compulsory at the primary stage. The Committee had also noted from the Government’s report on the realization of the principle of effective abolition of child labour, submitted as a part of the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, that compulsory school extends over nine years and ends when the child is 15 years. The Committee also notes the Government’s information that section 2 of Ministerial Decree No. 963 of 2002 determines that education is compulsory until the end of the fundamental phase (class one to the end of class nine). It also notes the Government’s information that Ministerial Decree No. 4680 of 2002 determines the maximum age for acceptance in class nine at 17 years. The Committee requests the Government to indicate clearly what is the age of completion of compulsory schooling under the relevant legislation.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted that Ministerial Order No. 5/1 of 1981 lists operations that are dangerous, arduous or detrimental to health, and prohibits the employment of young persons in those occupations. It had noted, however, that according to section 1, the Order applies to young persons under the age of 17. It had further noted that Federal Law No. 8 of 1980 on labour relations would be amended in early 2003 so as to prohibit the employment of young persons under 18 years in any employment or work that is likely to jeopardize their health, safety or morals. The Committee notes the Government’s information that section 20 of Federal Act No. 8 of 1980 was amended. The draft amended text of section 20 states that persons under the age of 18 years may neither be employed in exhausting tasks nor in tasks which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. It notes that, according to the Government, these amendments are still undergoing constitutional procedures before their adoption by the competent authorities. The Committee requests the Government to keep it informed of any progress towards the adoption of the abovementioned amendments to Federal Act No. 8 of 1980 and to provide a text of the amended provisions as soon as they have been adopted.

Article 3, paragraph 3. Authorization to undertake hazardous work from the age of 16 years. The Committee requests the Government to specify whether the draft amendment to section 20 of Federal Act No. 8 of 1980 repeals Ministerial Order No. 5/1 of 1981 which fixes the minimum age to perform hazardous work at 17 years. If not, the Committee once again reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age, on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee accordingly requests the Government to provide information on the measures adopted to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age is only authorized in accordance with the requirements of Article 3, paragraph 3, of the Convention.

Article 6. Minimum age for admission to apprenticeship. The Committee had previously observed that, according to section 42 of the Federal Law No. 8 of 1980, the minimum age to stipulate an apprenticeship contract (defined as the contract whereby the employer undertakes to provide the employee full vocational training) is 12 years. The Committee had recalled that, by virtue of Article 6 of the Convention, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. Such work shall be: (a) an integral part of a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation. The Committee notes the Government’s statement that the draft amended text of section 42 of Federal Act No. 8 of 1980 provides that 15 years is the minimum age to being accepted in training or vocational education. The Committee requests the Government to keep it informed on any developments with regard to the adoption of the draft text of section 42 as amended.

Article 9, paragraph 1. Penalties. The Committee had previously noted that section 181 of Federal Law No. 8 of 1980 states that a person violating the provisions on the employment of young persons is liable to a fine of a maximum of 10,000 dirhams of the United Arab Emirates and a maximum of six months of imprisonment. It had noted that section 34 of the Federal Law establishes: (1) a specific criminal liability for the employers or their representatives for the enforcement of the provisions on the employment of young persons; (2) the liability of guardians of young persons if they consent to the employment of those young persons contrary to the provisions of the law. The Committee notes the Government’s information that the application of penalties specified in section 181 of Federal Law No. 8 of 1980 comes in addition to the penalties specified by virtue of other laws, such as sections 347 and 349 of the Penal Code. The Committee once again requests the Government to provide a copy of the legislation providing for the criminal liability of employers violating the provisions on child employment under Federal Law No. 8 of 1980. The Committee also requests the Government to provide a copy of the relevant provisions of the Penal Code. It also asks the Government to provide information on the sanctions applied in practice in cases of violation of the provisions on the employment of young persons, including the number and kind of penalties imposed.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 22 of Federal Law No. 8 of 1980 requires the employer to keep a register of young persons. However, it had noted the Government’s indication that it shall look into preparing such registers and send them to the ILO as soon as they have been adopted. Noting the absence of information on this point, the Committee requests the Government to indicate whether registers of young persons to be kept by the employer have been adopted pursuant to section 22 of the Federal Law on labour relations and used in practice by employers.

Part V of the report form. The Committee notes the absence of information in the Government’s report on this point. It once again invites the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspections services and information on the number and nature of violations detected involving children. 

The Committee hopes that the amendments to national legislation referred to by the Government in its report will be adopted soon, in order to bring national legislation in line with the Convention. It requests the Government to keep it informed on any progress made in this regard.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied in the Government’s report and requests it to supply further information on the following points.

Article 3, paragraphs 1 and 3. Minimum age for admission to work by camel jockeys. In its previous comments, the Committee had noted that a declaration made by the President of the Camel Racing Association on 29 July 2002 had been adopted to prohibit the employment of camel jockeys aged less than 15 years. It had also noted that the ICFTU, in a subsequent communication, had welcomed the adoption of this measure. However, the ICFTU considered camel jockeying to be a dangerous activity which should only be performed by persons of at least 18 years. Furthermore, the ICFTU in its communication of 2 September 2002, pointed out that children as young as 4 years old are employed and that numerous cases of under age camel jockeys had been reported each year since 1997. Considering the detrimental effect of camel jockeying on the health and safety of young children and the reported cases of injury, the Committee had requested the Government to take the necessary measures to raise the age of admission to such employment to 18 years of age. The Committee notes with satisfaction the Government’s information that Federal Act No. 15 of 2005 has been promulgated. The Committee notes with interest that this Act prohibits the bringing in, employment, training and involvement of any person, male or female, under 18 years of age in camel jockeying activities.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee had noted that the declaration made by the President of the Camel Racing Association on 29 July 2002 provides for penalties in case of violation of the conditions laid down therein regarding the employment of camel jockeys: (1) the owner or person responsible for camel jockeys is liable to a fine of 20,000 dirhams; (2) the owner of the camel may be arrested and excluded from participating for the duration of an entire season; (3) the person responsible for the camel jockey concerned is liable to three months’ imprisonment in addition to a fine of 20,000 dirhams. The Committee had also noted that the ICFTU, in a communication dated 2 September 2002, expressed its concern about the absence of prosecutions against UAE citizens and the impunity which exists for those who are employing children under the age of 15 in camel racing. The Committee had requested the Government to provide information on violations observed pursuant to the declaration of the President of the Camel Racing Association, dated 1 September 2002, which prohibits the use of children younger than 15 years of age as camel jockeys, and the penalties imposed in practice. The Committee notes with satisfaction that Federal Act No. 15 prohibiting the employment of children under 18 years in camel jockeying, specifies that persons who violate these provisions are liable to a maximum of three years’ imprisonment and/or a minimum fine of 50,000 dirhams. The Committee notes with interest the Government’s information that the promulgation of Federal Act No. 15 of 2005 specifies the eradication of the phenomenon of employing children under 18 years in camel racing. The competent bodies shall endeavour to apply it with care and in all seriousness. The Committee also notes that, according to the data provided in the Government’s report, five cases have been referred to the courts of the United Arab Emirates concerning persons using children for camel jockeying. Investigations regarding these cases are still pending. The Committee requests the Government to continue providing information on the application in practice of the penalties fixed by Law No. 15 of 2005.

The Committee is also addressing a direct request to the Government concerning other detailed points.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s reports and requests it to supply further information on the following points.

Article 1 of the Convention. In its previous comments, the Committee had asked the Government to indicate what policy measures it intended to take to further enhance the effectiveness of the legislation in eliminating child labour. The Committee notes the statement made by the Government representative to the Conference Committee in June 2002, together with the Government’s report of 2003, that it has drafted a project to amend Federal Law No. 8 of 1980 on labour relations. The Government expects to promulgate the amendments in 2003. The Committee notes that the amended law would define a young person as a person who has completed 15 years of age and has not completed 18 years. It also notes that section 20 of Federal Law No. 8 of 1980 on labour relations will be amended so as to prohibit the employment of a young person under 18 years in strenuous jobs or work that is likely, by its nature, to jeopardize the health, safety or morals of young persons. Such a provision does not exist under the present law on labour relations. Furthermore the Committee notes the Government’s statement regarding the extension of social security protection to categories of children who were previously excluded by virtue of Law No. 2 of 2001. The Government also indicates in its report that it intends to focus on vocational training and educational grants during academic studies. The Committee requests the Government to provide information on any progress made in the adoption of these amendments.

Article 2, paragraph 1. Scope of application. 1. Exclusion of certain categories of employment or work. The Committee had noted in its previous comments that Federal Law No. 8 of 1980 on labour relations, under section 3, excludes from its scope of application, domestic servants, employees engaged in agriculture or grazing of animals, employees working in small establishments and employees engaged in temporary jobs of six months or less. It had also noted that there have been no formal exclusions from the application of the Convention under Articles 4 and 5 of the Convention at the time of ratification. The Committee notes the Government’s indication that the exclusion of some activities from Federal Law No. 8 of 1980 on labour relations, by virtue of section 3, does not mean that employees working in these occupations are deprived of the protection laid down in the Convention. The Government also indicates that, to avoid confusion, the State shall include in the draft law amending Federal Law No. 8 of 1980 on labour relations a clear provision on this point. The Committee notes that section 3 of Federal Law No. 8 of 1980 on labour relations was amended by virtue of Federal Law No. 24 of 1981. The amendments decrease the categories of persons who are excluded from the scope of application of Federal Law No. 8 of 1980 on labour relations. The Committee notes with interest that, by virtue of the 1981 amendments, employees working in small establishments normally employing a maximum of five employees and employees engaged in temporary jobs which do not take more than six months to complete, now fall under the scope of application of the federal law on labour relations, as indicated by the Government in its report. Consequently, the Committee notes that the following workers remain excluded from the application of Federal Law No. 8 of 1980 on labour relations: (a) domestic servants employed in private residences and the like; and (b) employees engaged in agriculture or grazing of animals, other than persons working in agricultural establishments which process their own products or are permanently employed to operate or repair mechanical equipment required for agricultural work. The Committee recalls that by virtue of Article 2, paragraph 1, the Convention applies to all sectors of activities as the United Arab Emirates has not availed itself at the time of ratification of any of the flexibility clauses contained in Articles 4 and 5. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that employees working in agriculture or the grazing of animals as well as domestic servants employed in private residences and the like, benefit from the protection laid down in the Convention.

2. Ships registered in the country. The Committee had previously noted that the minimum age specified by the Government in its declaration for admission to employment or work is 15 years. Responding to the Committee’s query, the Government indicates that the minimum age for admission to work of 15 years, set out in section 20 of Federal Law No. 8 of 1980, also applies to workers on board ships and the means of transportation registered in the State.

Article 2, paragraph 3. Age of completion of compulsory education. In its previous comments, the Committee had noted that, under article 17 of the Constitution, education is compulsory at the primary stage. It had also noted from the Government’s report that compulsory schooling ends when the child attains 12 years. However, the Committee had noted from the Government’s report on the realization of the principle of the effective abolition of child labour, submitted as part of the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, that compulsory schooling in the United Arab Emirates extends over nine years, and ends when the child attains 15 years. The Committee notes that the Government has provided the text of Federal Law No. 11 (1972) on compulsory education as requested by the Committee. It further notes that the Government’s report indicates that, by virtue of sections 1, 2 and 7 of the law on compulsory education, education is compulsory up to 16 years of age. However, the Committee understands from the available translation that education is compulsory in the first phase and starts when a child reaches 6 years (or exceptionally 5 years and 6 months). The duration of compulsory schooling shall be set down in an administrative regulation. The Committee urges the Government to indicate whether an administrative regulation fixing the duration of compulsory schooling has been adopted pursuant to section 2 of Federal Law No. 11 (1972) on compulsory education, and to provide a copy thereof.

Article 3, paragraphs 1 and 3. Minimum age for admission to hazardous work. The Committee had noted in its previous comments that Ministerial Order No. 5/1 of 1981 lists operations that are dangerous, arduous or detrimental to health, and prohibits the employment of young persons in those occupations. It had observed, however, that, according to section 1, the Order applies to young persons under the age of 17. Responding to the Committee’s comments, the Government indicates that the age of 17 is in conformity with Article 3, paragraph 3, of the Convention which authorizes employment or work as from 16 years of age provided that the health and safety of young persons is safeguarded. The Government also indicates that in practice people are encouraged not to employ children under 18 years of age for the occupations listed in Ministerial Order No. 5/1 of 1981. The Government also states that the occupations listed in Ministerial Order No. 5/1 of 1981 are not considered as exceptions. The Committee notes that Federal Law No. 8 of 1980 on labour relations will be amended in early 2003, so as to prohibit the employment of young persons under 18 years in any employment or work that is likely to jeopardize their health, safety or morals. The Committee recalls that, under Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. Moreover, the Committee reminds the Government that Article 3, paragraph 3, of the Convention permits, under strict conditions of protection and prior instruction or vocational training, employment or work as from the age of 16 years. It also reminds the Government that this provision of the Convention deals with limited exceptions to the rule (of prohibiting hazardous work to young persons under 18 years of age), and does not constitute an overall permission to undertake hazardous work as from 16 years of age. The Committee, like the Conference Committee, hopes that section 20 of Federal Law No. 8 of 1980 on labour relations will soon be amended as indicated by the Government to the Conference Committee and in its report, so as to ensure that no young persons under 18 years of age are engaged in employment or work that is likely to jeopardize their health, safety or morals. It requests the Government to keep it informed of any progress made and to provide a copy of the amendments as soon as they are adopted.

Article 6. Minimum age for admission to vocational training. In its previous comments, the Committee had noted that under section 42 of Federal Law No. 8 of 1980 on labour relations, a vocational training contract can be concluded in writing by the owner of an establishment and (through the guardian) for a young person "who is at least 12 years of age who undertakes to work for the employer during the period of training on the terms and for the period agreed to". The Government’s report indicates that under section 42 of the draft law amending Federal Law No. 8 of 1980 on labour relations, the minimum age for admission to vocational training has been raised to 15 years. The Committee notes the Government’s report indicating that the Minister of Labour has not yet issued orders to regulate and to prescribe conditions for training in occupations and trades as provided for under sections 50 and 51 of Federal Law No. 8 of 1980. The Committee recalls that, by virtue of Article 6 of the Convention, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with the conditions prescribed by the competent authority, after consultation with the employers’ and workers’ organizations concerned where such exist. Such work shall be: (a) an integral part of a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking which has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation. The Committee urges the Government to take measures to ensure that no children under 14 years of age undertake vocational training in an undertaking.

Article 9, paragraph 1. Sanctions. The Committee notes that under Part XI of Federal Law No. 8 of 1980, a person violating the provisions of Chapter 2 (on the employment of young persons) is liable to a fine of a maximum of 10,000 dirhams of the United Arab Emirates and a maximum of six months’ imprisonment (section 181). The fine shall be proportional to the number of workers concerned, up to a maximum of 30,000 dirhams of the United Arab Emirates. The Committee also notes that section 34 of Federal Law No. 8 of 1980 establishes: (a) a specific criminal liability of employers or their representatives for the enforcement of Chapter 2 of the present law on the employment of young persons; as well as (b) the liability of guardians of young persons, if they consent to the employment of young persons contrary to the provisions of the law. However, the Committee notes that the Government, in its report on the follow-up to the Declaration, in August 2001, declared that no sanctions apply to users of child labour since "in principle there is no child labour, there is no need for such measures". The Committee requests the Government to provide a copy of the legislation providing for the criminal liability of employers violating the provisions on child employment of Federal Law No. 8 of 1980. Furthermore, it asks the Government to provide some information on the sanctions applied in practice, including the number and kind of penalties imposed.

Article 9, paragraph 3. Registers of employment. The Committee had noted in its previous comments that section 22 of Federal Law No. 8 of 1980 on labour relations requires the employer to keep a register of young persons. The young person’s name and age, the date of recruitment and the job on which he/she is employed shall be mentioned in the register. The Committee notes that the Government declares in its report that it shall look into preparing registers of young persons pursuant to section 22 of Federal Law No. 8 of 1980 and that it will provide the ILO with a copy as soon as they are adopted. The Committee requests the Government to indicate whether registers of employment are used in practice by employers or whether they are waiting for the Government to lay down a model of register.

Part V of the report form. The Committee would be grateful if the Government could provide information on the practical application of the Convention, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

The Committee hopes that the amendments to its national legislation will be adopted soon and requests the Government to keep it informed of any progress made. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information supplied in the Government’s reports, the discussion held in the Conference Committee on the Application of Standards in June 2002, and the communications of the International Confederation of Free Trade Unions (ICFTU) dated 2 September 2002 and 20 August 2003 concerning work by children as camel jockeys. The Committee notes, with interest, that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182) on 28 June 2001. The Committee requests it to supply further information on the following points.

Article 3, paragraphs 1 and 3. Minimum age for admission to work by camel jockeys. The Committee, like the Conference Committee, had expressed its concern about the employment of children as camel jockeys which resulted in severe injuries and even the death of several children as young as 6 years old . It had noted the absence of a minimum age for admission to such employment. The Committee notes that a declaration made by the President of the Camel Racing Association on 29 July 2002 has been adopted to prohibit the employment of camel jockeys aged less than 15 years. It further notes that the declaration made by the President of the Camel Racing Association on 26 May 2003 is identical to the one made on 29 July 2002. The ICFTU, in a subsequent communication, welcomed the adoption of such a measure. However, it considers camel jockeying to be a dangerous activity which should only be performed by persons of at least 18 years. The communication of the ICFTU dated 2 September 2002 points out that children as young as 4 years old are employed and that numerous cases of under age camel jockeys has been reported each year since 1997. The Committee once again recalls that, under Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. Moreover, the Committee recalls that while Article 3, paragraph 3, of the Convention permits, under strict conditions of protection and prior instruction or vocational training, employment or work as from the age of 16 years, this provision of the Convention deals with limited exceptions to the rule (of prohibiting hazardous work to young persons under 18 years of age), and does not constitute an overall permission to undertake hazardous work as from 16 years of age. The Committee welcomes the prohibition to employ children under the age of 15 as camel jockeys. However, considering the detrimental effect on the health and safety of young children and the reported cases of injury, the Committee, like the Conference Committee, requests the Government to take the necessary measures to raise the age of admission to such employment to 18 years of age. On this question, the Committee refers to its comments on the application of Convention No. 29 on forced labour. Furthermore, noting the absence of reference in the Government’s report to the communication of the ICFTU of 2002, the Committee requests the Government to provide its comments on the points raised therein. The Committee also requests the Government to provide its observations on the recent communication of the ICFTU dated 20 August 2003.

Article 9, paragraph 1. Sanctions applicable to persons responsible for employing underage camel jockeys. The Committee notes the detailed discussion which took place at the Conference Committee on the Application of Standards in June 2002. In its conclusions, the Conference Committee emphasized the need to impose sanctions on those exploiting child camel jockeys. The Committee notes that the declaration made by the President of the Camel Race Association on 29 July 2002 provides for penalties in case of violation of the conditions laid down therein regarding the employment of camel jockeys: (1) the owner or person responsible for camel jockeys is liable to a fine of 20,000 dirhams; (2) the owner of the camel may be arrested and excluded from participating for the duration of an entire season; or (3) the person responsible for the camel jockey concerned is liable to three months’ imprisonment in addition to a fine of 20,000 dirhams. The ICFTU, in a communication dated 2 September 2002, expressed its concern about the absence of prosecutions against UAE citizens, and highlighted the impunity which exists for those who are employing children under the age of 15 for camel racing. The Committee consequently requests the Government to provide information in its next report on the violations observed since the entry into force on 1 September 2002 of the declaration of the President of the Camel Race Association prohibiting the use of children younger than 15 years of age as camel jockeys, and the penalties imposed in practice.

The Committee is also addressing a direct request to the Government concerning other detailed points.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the Government’s first report and requests the Government to supply further information on the following points.

Article 1. The Committee asks the Government to indicate what policy it intends to pursue, in the sense of this provision of the Convention, to progressively raise the minimum age (set at 15 years by the legislation) to a higher level, and to indicate what policy measures it intends to take, to further enhance the legislation’s effectiveness in eliminating child labour.

Article 2(1). Ships registered in the country. The Committee notes that the minimum age specified by the Government in its declaration for admission to employment or work is 15 years. It would ask the Government to indicate whether that age also applies to employment or work on ships registered in the country.

Article 2(3). Compulsory schooling. The Committee notes that, under the Constitution (article 17), education is compulsory at the primary stage. It also notes from the Government’s report that compulsory schooling ends when the child attains 12 years. However, the Committee is bound to note from the Government’s report on the realization of the principle of the effective abolition of child labour, submitted as part of the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, that compulsory schooling in the United Arab Emirates extends over nine years, and ends when the child attains 15 years. The Committee asks the Government to indicate until what age schooling is compulsory in the country and to provide copies of the relevant legislative provisions. It would ask the Government to provide the text of Federal Law No. 11 (1972) on compulsory education.

Article 3(1) and (3). The Committee notes that Ministerial Order No. 5/1 of 1981 lists operations that are dangerous or detrimental to health and prohibits the employment of young persons in those occupations. It observes, however, that, under section 1, the Order applies to young persons under the age of 17. The Committee recalls that, under Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years, and that Paragraph 9 of the Minimum Age Recommendation, 1973 (No. 146), states that when the minimum age is still below 18 years, immediate steps should be taken to raise it to that level. Under the Convention, a lower age should only be authorized as a matter of exception and on condition of the safeguards specified under the Convention.

The Committee asks the Government to clarify if the operations listed in Ministerial Order 5/1 of 1981 are to be considered as exceptions under paragraph 3 of this Article and, if such is the case, to provide detailed information on consultations with organizations of employers and workers, and on measures guaranteeing that young persons are fully protected, and have received adequate specific instructions and training, in conformity with this provision of the Convention. If the operations are not to be considered as exceptions, the Committee requests the Government to raise to 18 years the minimum age for admission to occupations likely to jeopardize the health, safety and morals of young persons.

Article 4(1). Exclusions from the Labour Code. The Committee notes that there have been no formal exclusions from the application of the Convention under this Article of the Convention. However, the Labour Code, under section 3, excludes from its scope members and relatives of an employer’s family who reside in his home and are supported by him, domestic servants, employees engaged in agriculture or grazing of animals, employees working in small establishments, and employees engaged in temporary jobs of six months or less. The Committee asks the Government to indicate what measures it intends to take in order to apply a legal minimum age to employees in these occupations consistent with the requirements of the Convention. The Government is also asked to provide information on the application of a minimum age for admission to work in the fishing sector, including small boats, and to provide the text of the relevant legal provisions.

Article 6. Minimum age for training. The Government is asked to indicate whether the Minister of Labour has issued orders to regulate and to prescribe conditions for training in occupations and trades as provided for under sections 50 and 51 of the Labour Code, and to supply a copy of such orders. The Committee also asks the Government to provide information on the courses of training for which training institutions are responsible and on programmes of training in undertakings, referred to in Article 6 of the Convention. The Committee notes that under section 42 of the Labour Code, a vocational training contract can be concluded in writing by the owner of an establishment and (through the guardian) for a young person "who is at least 12 years of age who undertakes to work for the employer during the period of training on the terms and for the period agreed to". The Committee asks the Government to indicate what measures it intends to take to bring section 42 of the Labour Code into conformity with the provisions of the Convention, by setting the minimum age for vocational training in an undertaking at 14 years at least.

Articles 9(1) and (3). The Committee notes that the Labour Code, in section 22, requires the employer to keep a register of young persons. It would appreciate it if the Government would provide a model of such register, as requested in the report form. The Committee asks the Government to provide detailed information on the measures taken, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention.

Articles 3(2) and (3), and 6. Consultations with social partners. The Committee asks the Government to provide information on the consultations with employers’ and workers’ organizations which have been held in relation to the matters dealt with under these provisions of the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the information supplied in the Government’s report in reply to its previous observation, the discussion held in the Conference Committee on the Application of Standards at the 89th Session of the International Labour Conference in June 2001, and the latest comments by the Government in reply to the communications of the ICFTU dated 21 August 2000 and 29 August 2001 concerning work by children as camel jockeys. Copies of these communications were forwarded to the Government on 15 September 2000 and on 18 October 2001, respectively, for comments it wished to make on the matters raised therein.

2. In its previous observation the Committee recalled that, by virtue of Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons must not be less than 18 years. The Committee considered that the employment of children as camel jockeys constitutes dangerous work within the meaning of this Article. It therefore requested the Government to take all the necessary measures to ensure that no child under 18 years of age is employed as a camel jockey.

3. The Committee notes the report of the discussion of the Conference Committee on the Application of Standards in June 2001. In its conclusions the Conference Committee expressed its profound concern at the information submitted to it concerning a serious violation of the Convention, and it requested the Government to prevent the use of children under 18 years as camel jockeys. In addition, the Conference Committee hoped that the Government would adopt legal and practical steps to reinforce the prohibition of children as camel jockeys, including the establishment of criminal sanctions to combat such activities. It also requested the Government to submit a report for examination by the present Committee at its meeting in November-December 2001, containing detailed information on the measures it had adopted in that respect, including strengthened criminal sanctions and the appropriate measures to enforce them. The Conference Committee further asked the Government to report on measures it had adopted, under its national policy to be formulated to combat child labour, in accordance with Article 1 of the Convention, in order to combat trafficking in children for use as camel jockeys, and to provide information on any relevant necessary inspections and judicial decisions.

4. The Committee notes that the Government’s report refers to rules promulgated by the Federation on Camel Racing, and that article 13(a) of the rules prohibits children from being used as jockeys in camel racing. The Committee observes that article 13(a) does not prescribe any minimum age and, moreover, that the rules do not appear to be legally binding.

5. While noting that the Government states that more time is needed to verify the information and to identify responsibilities, the Committee also notes that the Government communicated a list of camel jockeys repatriated because applicable conditions had not been respected. The Committee observes that this list contains a number of children. The Committee also observes that a Government representative stated before the Conference Committee that the Government was investigating two cases of exploitation of foreign children who had been repatriated to their country of origin. The Committee requests the Government to provide detailed information on these investigations and on their outcome, as well as on any proceedings initiated against persons responsible for their presence in the country and on the sanctions applied.

6. The Committee notes the communication of the ICFTU dated 29 August 2001, in which a report of Anti-Slavery International indicates that a seven year old boy died on 11 April 2001 as a result of kidney damage sustained during his two and a half years spent as a camel jockey in Dubai, and that a six year-old boy died in May 2001, after being seriously injured when he fell from a camel in Al Ain. The report supplied by the ICFTU also refers to information which allegedly shows that hundreds of boys are being trafficked for use as camel jockeys in the United Arab Emirates every year.

7. The Committee recalls that, under Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years, and that Paragraph 9 of Recommendation No. 146 states that when the minimum age is still below 18 years, immediate steps should be taken to raise it to that level.

8. The Committee therefore requests that the Government take immediate measures to protect children from employment as camel jockeys by, inter alia, adopting a provision of law which clearly establishes the age of 18 as the minimum age for employment in this occupation, and that it provide information on any measures taken or contemplated to that effect.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the communication from the International Confederation of Free Trade Unions (ICFTU) concerning work by children as camel jockeys. These comments were forwarded to the Government on 18 September 2000. However, the Office has still not received the Government’s comments. While awaiting the Government’s reply, the Committee refers in this observation to the communication from the ICFTU.

In these comments, reference is made to children of five or six years of age who are taken to the United Arab Emirates to be used as jockeys in camel races. These children are often kidnapped, sold by their parents or taken under false pretences. They are thereby separated from their families and taken to a country where the people, culture and language are completely unknown to them. The boys are underfed and subjected to severe diets before races so they are as light as possible.

Article 2 of the Convention.  The comments emphasize that the use of young children as camel jockeys is not in conformity with section 20 of the labour legislation of the United Arab Emirates, which forbids work by children under the age of 15 years. The Committee recalls that, when ratifying Convention No. 138, the Government specified the minimum age of 15 years for admission to employment or work.

The Committee emphasizes that, in the report of the Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN. 4/1999/71), it is indicated that "in 1993, the Camel Jockey 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".

The Committee hopes that the Government will furnish its comments concerning the observations transmitted by the ICFTU. It urges the Government to take all the necessary measures to prohibit work by children as camel jockeys and hopes that the Government will provide information on this matter in its first report.

Article 3.  The Committee recalls that, by virtue of Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee considers that the employment of children as camel jockeys constitutes dangerous work within the meaning of this Article. The Committee therefore requests the Government to take all the necessary measures to ensure that no child under 18 years of age is employed as a camel jockey.