Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Emiratos Árabes Unidos (Ratificación : 2001)

Legislative provisions on discrimination. The Committee recalls that the constitutional provisions concerning equality do not prohibit discrimination on the grounds of sex, colour and political opinion, and do not apply to acts of discrimination by private employers. Federal Act No. 8 of 1980 regulating the employment relationship does not contain a general prohibition of discrimination either. The Committee notes the Government’s statement that the Committee’s comments will be taken into account in the revision of the Federal Act No. 8 of 1980, which is presently subject to various draft amendments. The Committee further recalls the Government’s intention to review the provisions in Federal Act No. 8 prohibiting women employed in night work, and in any jobs that are dangerous, arduous or detrimental to their health and morals in the light of modern trends on equality, and that amendments will focus on measures relating to women’s reproductive capacity. The Government also indicates that draft amendments to Federal Act No. 8 of 1980 will be submitted to the ILO for its comments. The Committee hopes that the new draft act on employment relationships will include a provision expressly defining and prohibiting direct and indirect discrimination on all the grounds set out in of the Convention and with respect to all aspects of employment. It also hopes that special protective measures relating to women’s employment will be limited to maternity in the strict sense and to special arrangements for pregnant and nursing women. The Committee also hopes that the non-discrimination provision will cover both citizens and non-citizens (see also paragraphs 4–6 below), and asks the Government to continue to provide information on the progress of the revision process of Federal Act No. 8 of 1980.

Sexual harassment. The Committee recalls that the proposed amendment to the Federal Act No. 8 of 1980 on sexual harassment provides only limited means of redress for the women worker and has therefore a very limited effect on addressing sexual harassment. The Committee notes the Government’s intention to consider a more comprehensive prohibition of sexual harassment taking into account the Committee’s 2002 general observation on the matter. The Government indicates that the amendments to the Act will also include dissuasive sanctions and adequate remedies regarding sexual harassment, allowing for an environment in harmony with the traditions, customs and values of the country. However, the Committee notes that foreign domestic workers, often especially vulnerable to sexual harassment are not covered by Act No. 8 of 1980, and that between 2006 and 2008 the Department of Nationality and Residence only received seven cases concerning sexual harassment of domestic workers, which could indicate a lack of understanding of the issue or a worker’s reluctance to file complaints. The Committee hopes that the final provisions on sexual harassment will prohibit both quid pro quo and hostile environment sexual harassment, and permit both women and men to lodge complaints of sexual harassment, and that effective sanctions and remedies are provided. The Committee asks the Government to provide information on the steps taken to support women, especially foreign domestic workers, who wish to complain of sexual harassment without being stigmatized, and to make the dispute resolution process easily accessible for all workers.

Discrimination based on sex. The Committee notes the Government’s statement that the administrative procedure requiring women to obtain permission from her husband to take up employment, while aimed to ensuring stability within the family and marital relations, does not give the unilateral right to the husband to forbid his wife from going to work. Noting the Government’s intention to end this practice, the Committee asks the Government to provide information as follows:

(i)    a copy of the legal text repealing this administrative procedure;

(ii)   steps taken to monitor closely the extent to which women continue to be required to obtain permission of their husbands to take up work in practice, and the results achieved; and

(iii) the number, nature and outcome of any cases dealt with by the competent authorities regarding husbands’ refusal of permission for their wives to take up employment.

National policy on equality of opportunity and treatment. The Committee recalls that the constitutional provisions on equality only cover citizens. The Committee notes that section 10 of Federal Act No. 9 of 1980 provides that, where national workers are not available, priority in employment shall first be given to nationals from other Arab states. The Committee notes from the statistics attached to the Government’s report on the Equal Remuneration Convention, 1951 (No. 100), that in 2007, there were 11,233 nationals (6,190 women and 5,043 men) registered at the Ministry of Labour and 3,113,022 migrant workers working in the private sector and registered at the Ministry of Labour (2,940,161 men and 172,861 women). The Committee recalls that under the Convention the national policy should be aimed at promoting equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination against both nationals and non-nationals on the grounds set out in the Convention. While the ground of nationality is not included among the grounds enumerated in Article 1(1)(a) of the Convention, foreign nationals should be protected against discrimination based on race, colour, national extraction, sex, religion, political opinion and social origin. Considering the very high number of foreign workers employed in the private sector, the Committee considers it all the more important that they are effectively protected against discrimination. The Committee requests the Government to provide information on all measures taken in accordance with Article 2 of the Convention to declare and pursue a national policy to promote equality of opportunity and treatment with a view to eliminating discrimination not only against nationals but also non-nationals with respect to the grounds enumerated in Article 1(1)(a) of the Convention.

Equality of opportunity and treatment between men and women. The Committee welcomes the efforts made by the Government to compile detailed statistics, disaggregated by sex, on the employed population in 2005, according to occupational group, sector, economic activity and educational level. It also notes the information in the Government’s report on the achievements of the social and economic development policy and the Government’s statement that women and men enjoy employment opportunities on an equal basis, and that its national equality policy does not distinguish between its citizens based on colour, sex, creed or belief (grounds not covered by the Constitution). The Committee notes that women represent only 13 per cent of the employed population (citizens and non-citizens) and are largely concentrated in occupations with few opportunities for advancement such as clerks, service workers and shop and market sales workers, and professionals. Statistics on employment by occupational group and economic activity show a concentration of women in services, especially private households (41.1 per cent), and in the education, health and social workers and wholesale and retail sectors. A very high number of men are working in the construction sector (33 per cent), mainly as professional builders and simple professions, in public administration and wholesale and retail. Furthermore, women represent only 10 per cent of those employed in management positions. The Committee further notes that the results of the survey on women’s employment in the private sector according to occupation and level of wages, which has not yet been completed, will be sent to the ILO once available. Noting the very low percentage of women employed, their low representation in management positions, as well as the occupational segregation of men and women in certain sectors of the economy, the Committee asks the Government to provide information on the measures taken to increase the employment of women in general and in a wider variety of occupations, including those with career opportunities and management responsibilities. Please also continue to submit statistics on employment of nationals and non-nationals, broken down by occupation, economic sector and sex.

Migrant workers (construction). The Committee notes from the statistics provided by the Government that a large number male migrants (mainly originating from India, Pakistan, Bangladesh) are low-skilled workers and are primarily employed in the categories of machine engineering support professions (almost 50 per cent), ordinary workers, sales, services professions and chemical industrial professions. The Committee recalls its observation on the application of the Labour Inspection Convention, 1947 (No. 81), concerning the deplorable conditions of low-skilled male migrant workers, especially construction workers, living in labour camps in remote areas, as well as the measures taken to improve their living and working conditions, such as the construction of labour cities. In its observation, the Committee also notes that labour inspections would be increasingly carried out in response to worker’s complaints against the employer or, vice versa, rather than on a routine basis. The Committee notes in this regard that the Government has taken some measures to improve and speed up the handling of workers’ complaints. It notes, for instance, from information submitted to the Committee on the Elimination of Racial Discrimination (CERD/C/ARE/12-17/Add.1, pages 10 and 11) the adoption of Ministerial Decision No. 988 of 2008 establishing the Wages Protection Office which is to elaborate and implement a comprehensive system for monitoring wages protection and working hours. It notes that, since the end of June 2009, the Office received 643 complaints. The Committee also notes that the Government is working with the ILO to improve regulation of recruitment and working conditions of foreign workers. The Committee requests the Government to provide information on all measures taken, and the results achieved, to ensure that foreign workers, especially the least skilled workers employed on construction sites, are effectively protected against discrimination with respect to their conditions of work, and to eliminate any discriminatory practices against them on the grounds set out in the Convention, particularly race, colour and national extraction. Please also provide information on the number and nature of the complaints submitted by foreign workers to the Department of Labour, the labour inspection services, the Wages Protection Office and the courts, and the penalties imposed and remedies provided.

Migrant domestic workers. The Committee notes that women migrant workers (mainly originating from the Philippines, India and some other Arab countries) are primarily employed as office workers, sales persons or service workers; as stated above, of the total number of women employed, 41 per cent work in private households. The Committee welcomes the fact that the Government has taken certain measures to increase the protection of migrant domestic workers, such as the introduction of a standard employment contract for domestic workers and persons of similar status in April 2007, and a Federal Bill regulating the employment of domestic workers. The Committee also notes the statistics on the complaints received by the Nationality and Residency Department concerning issues relating to domestic workers. It notes that 10,952 complaints were received in 2006, of which 97 per cent concerned “escape from work”. The Committee further notes that 480 complaints were received in 2007 and 482 in 2008, and that complaints relating to “escape from work” concerned only six cases in 2007 and 35 in cases 2008. It notes that the highest number of complaints concerned unpaid wages, followed by “lack of desire to work”, and “issues of reconciliation”. Other complaints concerned withholding of passports, physical harm and sexual harassment. The statistics further show that a high number of these cases was resolved through measures such as “sponsored to leave”, followed by friendly reconciliation and “annulment and departure”. Sixty-three cases were referred to the court and 91 cases resulted in a transfer of sponsor. The Committee notes that 75 per cent of the complaints were submitted by the worker. The Committee asks the Government to clarify the exact meaning of measures such as “annulment and departure” and “sponsored to leave”, and to explain the reasons for the high number of complaints (mostly due to complaints concerning the “escape from work”) received in 2006 as compared to the years 2007 and 2008. The Committee also asks the Government to continue to provide information on the number, nature and outcome of complaints submitted to the Department of Nationality and Residency, including on any violations of the standard employment contract of domestic workers. Please also provide information on the progress made in the adoption of the Federal Bill regulating the employment of domestic workers, as well as on any other measures taken to protect women migrant workers, especially those employed in private households, against discriminatory practices particularly with respect to recruitment and conditions of work, based on race, colour, national extraction and sex.

Civil service. The Committee notes the Government’s statement that women nationals participate in the civil service at all levels, including high-level posts. It notes that the statistics on the civil servants employed in ministries and state bodies indicate that female citizens are primarily employed in social affairs, national education, and health, followed by culture, young persons and social development while female non-citizens are primarily employed in health, transport and social affairs followed by education. The figures show that, while women are more or less represented in all ministries, they continue to be concentrated in occupations traditionally held by women. The Committee asks the Government to supply information on the measures taken to promote a better gender balance in all areas of the civil service, including those in which men have been traditionally in the majority, and in higher level positions. Noting that the statistics on the grades and salary levels of civil servants in the Federal Government are not disaggregated by sex, the Committee asks the Government to provide such statistics in its next report.

Enforcement. The Committee notes that the Government considers setting up a special department within the labour inspectorate for raising awareness on equality in employment and occupation, and in particular raising awareness with respect to the rights of women, including their right to complain about inequitable practices at work either by administrative officials or colleagues. The Committee further notes that the proportion of women among labour inspectors is presently 24.4 per cent. The Committee requests the Government to provide information as follows:

(i)    the number, nature and outcome of complaints submitted through the various dispute resolution mechanisms that relate to discrimination in employment and occupation;

(ii)   the progress made in setting up a special department for awareness raising on equality in employment and occupation; and

(iii) the steps taken to strengthen the capacity of both male and female labour inspectors to identify and address cases of discrimination.