Observación (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Emiratos Árabes Unidos (Ratificación : 2001)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Slavery and practices similar to slavery. Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted the Government’s indication that section 346 of the Penal Code prohibits the trafficking of children, and section 363 prohibits abetting, enticing or inducing a male or a female to commit prostitution. By virtue of Federal Act No. 51 of 2006, anyone who traffics a boy or girl under 18 years of age is liable to life imprisonment, and section 1 of this Act prohibits human trafficking for the purpose of exploitation, and defines exploitation to include all forms of sexual exploitation and prostitution. The Committee noted the 18 October 2009 statement by the UN Special Rapporteur on the sale of children, child prostitution and child pornography following her visit to the United Arab Emirates (UAE) (statement of the UN Special Rapporteur), that she received a low number of reported cases of the sale of children for the purposes of sexual exploitation. However, the annual report of the National Committee to Combat Human Trafficking in the UEA (NCCHT) (2008–09) indicated the continued existence of trafficking of children for this purpose.

The Committee notes the Government’s information that, according to the NCCHT annual report of 2010–11, 58 cases of human trafficking and 152 victims were reported, and 169 perpetrators convicted. According to the database of the Ministry of the Interior and to the police records of 2010, there were eight notifications regarding 15 child victims of trafficking for sexual exploitation who were between 13 and 17 years of age. The Government indicates that 13 people were convicted and several judicial sentences were rendered, while other cases are still being handled in court. However, the Committee notes that, in its concluding observations of 5 February 2010, the Committee on the Elimination of Discrimination against Women expressed its serious concern at the persistence of trafficking in women and girls into the UAE for the purposes of economic and sexual exploitation (CEDAW/C/ARE/CO/1, paragraph 28). The Committee therefore urges the Government to intensify its efforts to strengthen the capacity of law enforcement agencies in order to ensure that persons who traffic in children for the purpose of sexual exploitation are in practice prosecuted, and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to continue to provide information on the number of infringements reported, investigations, prosecution, convictions and penal sanctions applied for violations of the legal prohibition on the sale and trafficking of children for commercial sexual exploitation.

Articles 3(d) and 4(1). 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. The Committee noted the copy of the draft amended text of section 20 of the Labour Code in the Government’s report, and observed that section 20(3) prohibits the employment of persons under 18 years of age in hazardous work, and that such types of employment shall be determined by virtue of a Ministerial Order, after consultation with the competent authorities. The Committee further noted that the draft amended text of section 20 of the Labour Code would replace Ministerial Order No. 5/1 of 1981, but noted that, while the Labour Code was amended by Federal Law No. 8/2007, these amendments did not include the draft amended text of section 20.

The Committee notes that, in its report under the Minimum Age Convention, 1973 (No. 138), the Government indicated that the draft amendment to section 20 of the Labour Code is still in the process of being adopted by Parliament. It reminds the Government that, pursuant to Article 3(d) of the Convention, work or employment in conditions that are hazardous are among the worst forms of child labour and are therefore to be eliminated as a matter of urgency, in accordance with Article 1. Therefore, the Committee urges the Government to take immediate and effective measures to ensure the adoption of the draft amended text of section 20 of the Labour Code, on the prohibition of hazardous work for persons under 18, as a matter of urgency. Following the adoption of this amendment, the Committee also urges 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. The Committee requests the Government to provide information on any progress made in this regard in its next report.

Article 5. Monitoring mechanisms. National Committee to Combat Human Trafficking (NCCHT). In its previous comments, the Committee noted the indication in the Government’s report that, following the adoption of Federal Law No. 15 of 2005, the Minister of Interior established the NCCHT. It noted that the NCCHT was presided over by the Under-Secretary of the Ministry of Justice, and included representatives of the Ministries of Interior, Foreign Affairs, Labour, Social Affairs, and the General Director of the Dubai Police, Zayed Corporation for Charity, and the Red Crescent. The Committee noted that the NCCHT meets frequently, and that during 2008–09, it took numerous measures to address the problem of trafficking.

The Committee notes that, according to the 2010–11 annual NCCHT report, the NCCHT continues to take such measures. In particular, the Committee notes that, through the adoption of Decree 240 of 2010, a committee for the protection of child victims of trafficking was created, which works in collaboration with the Virtual Global Taskforce, to protect children from trafficking through awareness-raising, Internet programmes, and training. Moreover, this committee established a comprehensive information database aiming to protect children from trafficking and commercial sexual exploitation through information sharing. The Committee requests the Government to continue to provide information on the impact of the measures taken by the NCCHT and the committee for the protection of child victims of trafficking on the elimination of the trafficking of children under 18 years for labour or commercial sexual exploitation.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking for sexual exploitation. The Committee previously noted the allegation of the International Trade Union Confederation (ITUC) that the authorities of the UAE made no distinction between prostitutes and victims of trafficking for sexual exploitation, all of whom bear equal criminal responsibility for involvement in prostitution. The ITUC pointed out that trafficked persons were consequently not treated as victims and were not supported or protected. The Committee observed the Government’s information that children in prostitution are sentenced to imprisonment and when they are foreigners (which is generally the case), they are repatriated to their country of origin. The Committee noted the Government’s statement in reply to the ITUC’s allegations that it considers persons who are exposed to sexual exploitation as victims who need protection and support through guidance and rehabilitation programmes. The Committee noted the information in the Government’s report concerning the active work of various organizations in the UAE to provide support for the victims of trafficking and sexual exploitation, as well as of shelters for women and children who are victims of human trafficking. Nonetheless, the Committee noted that, in her statement of 18 October 2009, the UN Special Rapporteur noted that the age of criminal responsibility of 7 years of age was too low, and encouraged the Government to ensure that all persons who are sexually exploited be treated as victims and not as delinquents. She stated that these children should not be put in jail, but given access to adequate care, protection, rehabilitation, reintegration and repatriation.

The Committee notes the Government’s information that, with respect to the criminal responsibility of minors, the penalties provided for by the Penal Code do not, in fact, apply to children aged 7 to 18 years. In their case, the penalties which are applicable are prescribed by Federal Act No. 9 of 1976 relating to delinquents and vagrants. Section 63 of this Act provides that “Any young person who has completed the age of seven years and not completed the age of sixteen years shall be prescribed the provisions contained in the Child Act”. In this regard, the Government refers to the sentence handed down by the Upper Federal Court, No. 64/15 of 29 January 1994, which stated that if a young person between 7 and 16 years of age commits a crime as prescribed in the Penal Code or other penal laws, he/she shall be subject to one or more of the measures specified in section 15 of the Child Act. These measures include reprimands; mandatory vocational training; or placement in a place of treatment, rehabilitation centre, or a place of education or reformation. Moreover, the Committee notes the Government’s statement that it has adopted a policy to handle the persons involved in trafficking crimes and treating them as victims by providing them with all means of support and family, health and psychological care. In this regard, the NCCHT issued Decision No. 18/7 of 2010 on the organizational procedures to handle victims of human trafficking, which specifies the need by employees of the relevant institutions, as well the police authorities, to treat victims with dignity, safeguard their privacy and confidentiality. The Decision also specifies that shelters must provide all educational, psychological, legal, medical and social care to the victims, as well as seek to protect their rights. Observing that section 63 of the Federal Act No. 9 of 1976 only applies to children between 7 and 16 years of age, the Committee urges the Government to ensure that children between 16 and 18 years of age trafficked to the UAE for commercial sexual exploitation are treated as victims rather than offenders. The Committee requests the Government to continue to take measures to ensure the rehabilitation and social integration of all child victims of trafficking for sexual exploitation under 18 years of age, and to provide information on measures taken in this regard. Finally, the Committee requests the Government to provide more detailed information on the application of the provisions of Federal Act No. 9 of 1976 to child victims of trafficking for sexual exploitation.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the statement of the UN Special Rapporteur indicated that there is a lack of an information system for gathering data on the sale and trafficking of children and the commercial sexual exploitation of children, in addition to a lack of analysis, recording, sharing of information, and reporting in this regard. The Special Rapporteur noted that the Government recognized the need for such a system and that it was in the process of establishing one.

The Committee notes the Government’s information that one of the tasks of the Child Protection Centre is to create a statistical system in order to prepare a periodic report on child victims of crimes and provide these victims and their families with psychological and moral support. The Committee once again urges the Government to pursue its efforts to establish a system to record and collect data on the number of children engaged in the worst forms of child labour and to report on child victims of crimes. It requests the Government to provide information on the progress made in this regard. It also requests the Government to provide any other information on the nature, extent and trends of the worst forms of child labour, in particular the sale and trafficking of children, studies and inquiries and statistical data on the number of children covered by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age.

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