Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

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. However, the Committee noted 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 labour and sexual exploitation (CEDAW/C/ARE/CO/1, paragraph 28).

The Committee notes the Government’s information that, according to the annual report of the National Committee to Combat Human Trafficking in the UAE (NCCHT) of 2012, 17 cases of human trafficking and 51 victims were reported. The Committee notes with interest that 111 perpetrators were convicted. Moreover, the Government indicates that four of the 17 cases of human trafficking involved six child victims in total, all of them between 14 and 17 years of age. In these cases, the perpetrators received sentences of imprisonment ranging from three to ten years, as well as deportation. The Committee therefore encourages the Government to continue 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. In its previous comments, the Committee urged 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.

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 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 and 2010–11, it took numerous measures to address the problem of trafficking.

The Committee notes the Government’s detailed information pertaining to the various measures that were adopted in 2011–12. Among these measures, the Committee notes the adoption of Ministerial Order No. 34 of 2011 relating to the organizational structure of the police directorates of El Sharqaa, Ras el Kheimah, ‘Ajman, Om El Quwain, and El Fujairah, in which units to combat human trafficking crimes were created. Moreover, with a view to raising national awareness on crimes, the NCCHT has adopted a national strategy which envisages the convening of a number of awareness-raising events. In April 2011, for example, the first Gulf meeting to combat human trafficking crimes took place, in collaboration with the NCCHT, the Ministry of Justice, and the Office of the High Commissioner for Human Rights, among others, and the participation of the representatives of the Gulf Cooperation Council. This meeting aimed at identifying perspectives for cooperation, exchanging experiences, and finding the best means of reducing the phenomenon, and showcased the national strategies of law enforcement bodies to combat human trafficking. In December 2011, a regional training workshop was held in Abu Dhabi, reviewing the modern forms of human trafficking and child sexual exploitation, in collaboration with the UN Training and Certification Centre in the area of human rights for South-West Asia and the Middle East. During this workshop, several issues relating to child trafficking and child exploitation and their use in the sex industry were discussed. While encouraging the Government to pursue its efforts to strengthen the capacity of law enforcement officials responsible for the monitoring of child trafficking, the Committee once again requests the Government to provide information on the impact of the measures taken by the NCCHT and other institutions on the elimination of the trafficking of children under 18 years for labour or 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 United Arab Emirates (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 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. Nonetheless, the Committee noted that, in her statement of 18 October 2009 following her visit to the UAE, the UN Special Rapporteur on the sale of children, child prostitution and child pornography 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. The Committee noted 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 referred 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 noted the Government’s statement that it had adopted a policy to handle the persons involved in trafficking crimes and to treat them as victims by providing them with all means of support and family, health and psychological care. Observing that section 63 of Federal Act No. 9 of 1976 only applies to children between 7 and 16 years of age, the Committee urged the Government to ensure that children between 16 and 18 years of age trafficked to the UAE for sexual exploitation are treated as victims rather than offenders.

The Committee notes the Government’s information that a draft Child Protection Law is in the process of review and finalization. This draft law specifies that the State shall take the necessary measures to protect children’s rights against sexual exploitation (including child pornography), their exploitation in organized crime, their economic exploitation, and their exposure to begging. The Government also indicates that the draft Child Protection Law introduces several amendments to the measures provided for by Federal Act No. 9 of 1976. The draft law specifies that the penalties which may be imposed by a court on a delinquent child – defined as a person who has not completed his or her 18th year of age – are reprimands, the handing of the child to the authorities, judicial testing, the obligation to perform specific duties, working in the public interest, or consigning to one of the care or rehabilitation institutions appropriate to the case. The draft Child Protection Law provides that child victims of trafficking shall be placed in care institutions.

In this regard, the Committee notes the Government’s detailed information regarding the role of the sheltering centre set up to welcome and care for victims of trafficking and sexual exploitation, the main functions of which are rescue, care, rehabilitation, follow-up and prevention. Child victims, therefore, benefit from such services as psychological care, educational skills and leisure courses, and the eventual transfer to similar institutions in the victim’s country of origin. 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 the results attained. It requests the Government to provide information on the progress made in adopting the draft Child Protection Law, and to provide detailed information on the application of its provisions to child victims of trafficking for sexual exploitation, once adopted.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the statement of the UN Special Rapporteur on the sale of children, child prostitution and child pornography had indicated that there was 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 that, following her visit to the UAE in April 2012, the UN Special Rapporteur on trafficking in persons, especially women and children, drew attention, in her end-of-mission statement, to the lack of comprehensive statistical information on the prevalence rate, forms, trends and manifestation of human trafficking in the UAE. In this regard, the Committee notes the Government’s information that the Statistics and Security Analysis Centre has been established within the Federal Security Information Department of the Ministry of Interior, which is entrusted with the collection of all the information related to human trafficking crimes in the country, the follow-up on the development of crime detection, and the publication of security and statistical reports. 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 also once again 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.