Thursday, April 23, 2009

Open letter to Bush from an Arab girl/Open letter to Arab Sheikhs from a Pakistani Man - 5



Heatstroke (or heat exhaustion)

Following takes place in the same country.

Imagine having to work a 12 hour day of backbreaking manual labor for just $5 a day (the average American spends more in one day on coffee: two Starbucks tall lattes cost $7.50). Now imagine having to do that 12 hour day working inside an oven. Imagine you have little access to water, shade or air conditioned ventilation.

INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS (ICFTU)

INTERNATIONALLY-RECOGNISED CORE LABOUR STANDARDS IN THE UNITED ARAB EMIRATES

REPORT FOR THE WTO GENERAL COUNCIL REVIEW OF THE TRADE POLICIES OF THE UNITED ARAB EMIRATES (Geneva, 24 - 26 April 2006)

EXECUTIVE SUMMARY

The United Arab Emirates (UAE) have ratified six of the eight ILO core labour standards. In various areas the United Arab Emirates’ law and practice require improvements in order to comply with the commitments the UAE accepted at Singapore in 1996 and Doha in 2001 in the WTO Ministerial Declarations, and in the ILO Declaration on Fundamental Principles and Rights at Work adopted in June 1998.

The UAE have not ratified the core ILO conventions protecting trade union rights and under the current legislation trade unions are not allowed. Collective bargaining is not recognised and wages are fixed in individual contracts. The right to strike is not explicitly recognised in the legislation but in practice strikes are generally tolerated. The government has announced that a new law allowing unions, including in the construction sector, will be in place by the end of the year 2006. The situation of migrant workers, which constitute about 95% of the private sector workforce, is particularly worrisome since they may be excluded from the scope of labour law, as in the case of domestic workers, and face the risk of deportation when claiming their rights.

The UAE have ratified both the core ILO Conventions against discrimination. However discrimination on grounds of race, colour, religion and cultural background against migrant workers, while not legally sanctioned, is prevalent and occurs in most areas of daily life, including employment. Abuses committed against migrant workers include non-payment of wages, extended working hours without overtime compensation, unsafe working environments resulting in death and injury, and withholding of passports and travel documents by employers.

The UAE have ratified both the ILO core Conventions on child labour. However the worst forms of child labour occur in the UAE. While the government has recently taken some initiatives to address the issue of young children working as camel jockeys, much remains to be done to put an end to these practices. The situation of children working as domestic workers requires serious investigation. The government has failed to address the issue of children trafficked for the purpose of sexual exploitation in any satisfactory way.

The UAE have ratified both the ILO core Conventions on forced labour. However on several points, the national legislation is not in conformity with ILO Conventions on forced labour. In practice, trafficking in women and girls used as prostitutes or domestic servants and in men used as servants, labourers, and unskilled workers continue to be extremely serious problems which the Government has failed to address in any satisfactory way.

INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS (ICFTU) INTERNATIONALLY-RECOGNISED CORE LABOUR STANDARDS IN THE UNITED ARAB EMIRATES REPORT FOR THE WTO GENERAL COUNCIL REVIEW OF THE TRADE POLICIES OF THE UNITED ARAB EMIRATES (Geneva, 24 - 26 April 2006)

http://www.icftu.org/www/PDF/WTOTPRUAEfinal.pdf



EXECUTIVE SUMMARY

The United Arab Emirates (UAE) have ratified six of the eight ILO core labour standards. In various areas the United Arab Emirates’ law and practice require improvements in order to comply with the commitments the UAE accepted at Singapore in 1996 and Doha in 2001 in the WTO Ministerial Declarations, and in the ILO Declaration on Fundamental Principles and Rights at Work adopted in June 1998.


The UAE have not ratified the core ILO conventions protecting trade union rights and under the current legislation trade unions are not allowed. Collective bargaining is not recognised and wages are fixed in individual contracts. The right to strike is not explicitly recognised in the legislation but in practice strikes are generally tolerated. The government has announced that a new law allowing unions, including in the construction sector, will be in place by the end of the year 2006. The situation of migrant workers, which constitute about 95% of the private sector workforce, is particularly worrisome since they may be excluded from the scope of labour law, as in the case of domestic workers, and face the risk of deportation when claiming their rights.

The UAE have ratified both the core ILO Conventions against discrimination. However discrimination on grounds of race, colour, religion and cultural background against migrant workers, while not legally sanctioned, is prevalent and occurs in most areas of daily life, including employment. Abuses committed against migrant workers include non-payment of wages, extended working hours without overtime compensation, unsafe working environments resulting in death and injury, and withholding of passports and travel documents by employers.

The UAE have ratified both the ILO core Conventions on child labour. However the worst forms of child labour occur in the UAE. While the government has recently taken some initiatives to address the issue of young children working as camel jockeys, much remains to be done to put an end to these practices. The situation of children working as domestic workers requires serious investigation. The government has failed to address the issue of children trafficked for the purpose of sexual exploitation in any satisfactory way. The UAE have ratified both the ILO core Conventions on forced labour. However on several points, the national legislation is not in conformity with ILO Conventions on forced labour. In practice, trafficking in women and girls used as prostitutes or domestic servants and in men used as servants, labourers, and unskilled workers continue to be extremely serious problems which the Government has failed to address in any satisfactory way.

INTERNATIONALLY-RECOGNISED CORE LABOUR STANDARDS IN THE UNITED ARAB EMIRATES

Introduction

This report on the respect of internationally recognised core labour standards in the UAE is one of the series the ICFTU is producing in accordance with the Ministerial Declaration adopted at the first Ministerial Conference of the World Trade Organisation (WTO) (Singapore, 9-13 December 1996) in which the Ministers stated: “We renew our commitment to the observance of internationally recognised core labour standards.” The fourth Ministerial Conference (Doha, 9-14
November 2001) reaffirmed this commitment. These standards were further upheld in the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work adopted by the 174 member countries of the ILO at the International Labour Conference in June 1998. The UAE has an open economy with a high per capita income (estimated at $23,500) and a sizable annual trade surplus. Its wealth is based on oil and gas output which represent about 33% of GDP. The fortunes of the economy fluctuate with the prices of those commodities. The UAE have huge proven oil reserves and produce about 2.5 million barrels of oil per day, of which Abu Dhabi produces approximately 85%, with Dubai, and Sharjah to a much lesser extent producing the rest.

Agriculture accounts for about 4% of GDP, industry for 58.5% and services accounts for approximately 37.5% of GDP.

The main industries are petroleum, fishing, petrochemicals, construction materials, some boat building, handicrafts and pearling.

In 2003 the value of exports reached $56.73 billion while imports accounted for $37.16 billion.

The main export commodities include crude oil (45% of total exports), natural gas, re-exports, dried fish and dates. The main export partners are Japan (27% of all UAE exports) and South Korea (9%).

Major increases in imports occurred over recent years in manufactured goods, machinery, and transportation equipment, which together account for 70% of total imports. The main import partners are China, Japan, Germany, the US, France and the UK.

Another important foreign exchange earner, the Abu Dhabi Investment Authority, which controls the investments of Abu Dhabi, the wealthiest emirate, manages an estimated $360 billion in overseas investments.

Unemployment is below 3%, with important differences between noncitizens and Emaratis.


Unemployment is reportedly as high as 15% among citizens while it is practically non existent among the foreign population. As a member of the Gulf Cooperation Council (GCC), the UAE participate in the wide range of GCC activities that focus on economic issues. These include regular consultations and development of common policies covering trade, investment, banking and finance, transportation, telecommunications, and other technical areas, including protection of intellectual property rights. The GCC is in the process of negotiating a trade and development cooperation agreement with the EU.

The UAE have a free trade agreement with Morocco.

Since 1995, the UAE have been suspended from the U.S. Overseas Private Investment Corporation (OPIC) insurance programs because of the government's noncompliance with internationally recognized worker rights standards. Free trade talks between the United Arab Emirates and the United States have been going on for 2 years now, but have not yet been concretized in any agreement. The UAE's failure to respect the ILO principles of freedom of association and right to organize and bargain collectively has been a central issue in the free trade agreement negotiations with the U.S.

I. Freedom of Association and the Right to Collective Bargaining

The UAE have not ratified ILO Convention No. 87 (1948), the Freedom of Association and Protection of the Right to Organise Convention nor ILO Convention No. 98 (1949), the Right to Organise and Collective Bargaining Convention.

The current Labour Law does not permit the formation of trade unions. Workers are allowed to associate for the furtherance of common goals and interests under the strict control of the Ministry of Labour. Professional associations (e.g., teachers, jurists, engineers, medical professionals, and social workers) are allowed to exist. Most members of these associations are citizens. Although foreign workers may belong to these associations, they do not have voting rights and cannot serve on the boards of these organizations. Twenty persons from the same profession can request that the Ministry of Labour permits an association to be formed. Each society holds biennial elections for its board supervised by the Ministry of Labour. Officers must be citizens. Each association has a constitution, written by its members and approved by the Ministry of Labour. The government may grant some professional associations limited freedom to raise work-related concerns, to lobby the government for redress, and to file grievances with the government.

A bill allowing the formation of trade unions in the private sector was approved by the legislative committee of the Ministry of Justice in October 2004, but has not yet become law. According to official sources, the bill will give the Labour Minister the authority to regulate trade unions and their activities. Unions would be allowed in the construction sector. However top civil servants, namely under-secretaries and assistant under-secretaries, as well as directors and executive directors who work for the public sector, would not be allowed to join a trade union. The Government has announced that the new law will be in place by the end of the year 2006.

According to some sources, the new law would make the right to form a union conditional on a minimum number of nationals working in a particular sector or company. Although this would still mark a step forward, it means that many foreign workers could still be excluded from union membership, thus contravening the spirit of the Conventions.

In addition it has been suggested that under the new law, trade union membership will be open to both UAE nationals and foreign workers, but it refers to full membership for citizens, and associate membership for non-citizens. A full member has the right to elect, be elected and vote, while associate members have the right to attend meetings and have a say, but are not eligible to hold a post on the boards of directors. This seems to constitute a restriction on the full exercise of the workers’ right to freely elect their representatives, such as stipulated in Article 3 of ILO Convention 87.

Finally the memorandum appears overly prescriptive in describing the role and structure of a federation of trade unions, going against the principle that unions should be free to decide their own structures.

The law does not recognise the right to collective bargaining. Wages are fixed in individual contracts that are reviewed by the Ministry of Labour and Social Affairs or, for domestic staff, most of whom are foreign nationals, by the Immigration Ministry.

Workers’ representatives do have some say in settling disputes, through complaints to the Ministry of Labour or, if the Ministry is unable to mediate a solution within ten days, through a system of joint Conciliation Committees chaired by the Ministry.

Federal Law No 8 of 1980 on labour relations does not cover domestic servants, government workers, agricultural workers, and workers of the free trade zones. Although those working in government services are covered under a separate Civil Service law, the estimated 300,000 domestic servants are not covered under any labour law. Domestic servants and agricultural workers are considerably disadvantaged in negotiating employment contracts because the mandatory requirements contained in the labour law do not apply. They also face considerable difficulty in obtaining assistance to resolve disputes with their employers. Businesses in free trade zones do not have to comply with municipal laws. The Ministry of Labour does not regulate free trade zones.

Public sector workers and national security guards are not allowed to strike. The law does not provide for the right to strike for other workers, but does not forbid it either. Ministry of Labour officials have said that if labourers feel they are denied their rights, they can stop working. The Ministry of Labour has the right to intervene to stop a strike and send the workers back to work. In practice, however, the government has not retaliated against work stoppages by protesting labourers. If foreign workers go on strike, they may be subject to deportation for breach of contract. However in practice there are no reports of groups of workers being deported for striking. Workers do not have the right to stop working while a dispute is being resolved.

Numerous strikes by private sector employees took place over the last years. For example, in March 2005 over 2,000 workers in Dubai marched toward the Dubai Labour Office to protest unpaid wages, but police turned them away. In September 2005, approximately 1,000 labourers from al-Hamed Construction Company blocked a major Dubai highway to protest unpaid wages. The Ministry of Labour quickly met with both trade union and company representatives and ordered the company to immediately pay all back wages. Workers participate in organized and impromptu gatherings almost daily in front of the Ministry of Labour in Abu Dhabi and Dubai to complain of unpaid wages and hazardous or unfair working conditions. Generally, the workers at these gatherings do not have a permit to protest, but the government does not take action against them for doing so.

Recently strikes have become more violent. In March 2006 some 2,500 workers mainly from the construction sector, angered by extremely low salaries and mistreatment, smashed cars and offices in a riot. In a sympathy strike, thousands of laborers building a terminal at Dubai International Airport then laid down their tools.

Migrants, most of whom come from south Asia, account for about 85% of the total workforce according to the Ministry of Labour. They are estimated to represent 95% of the private sector workforce. They risk expulsion if they try to organise trade unions or take strike actions. Generally hired for three to five year periods, they often work in very harsh conditions and face serious problems of unpaid wages. Domestic employees, especially women, are often mistreated. Enforcement mechanisms are deficient both in quantity and quality, and the number of labour inspectors is highly insufficient. Theoretically workers can turn to the courts, but legal fees and the fear of reprisals or even expulsion deter them from taking any official action.

Conclusions

Under the current legislation trade unions are not allowed in the United Arab Emirates. Collective bargaining is not recognised and wages are fixed in individual contracts. The right to strike is not explicitly recognised in the legislation but in practice strikes are tolerated. The government has announced that a new law allowing unions, including in the construction sector, will be in place by the end of the year 2006. The situation of migrant workers, which constitute about 95% of the private sector workforce, is particularly worrisome since they may be excluded from the scope of labour law, as in the case of domestic workers, and face the risk of deportation when claiming their rights.

II. Discrimination and Equal Remuneration

The United Arab Emirates ratified ILO Convention No. 100 (1951), Equal Remuneration in 1997 and ILO Convention No. 111 (1958), Discrimination (Employment and Occupation) in 2001.

Article 34 of the Constitution states that every citizen is free to chose an occupation, trade or profession, while Article 35 stipulates that all citizens have equal access to public office. Section 32 of the Federal Act No 8 of 1980 providing for equality of remuneration between men and women is the only legal provision specifically dealing with discrimination in employment and occupation. Section 32 provides that a women’s remuneration shall be equal to that of a man where she performs the same work. However the Convention requires the Government to promote and ensure the principle of equal remuneration not only with respect to men and women doing the same type of work, but also in respect to men and women engaged in different types of work but which are nevertheless of equal value when analysed and compared on the basis of objectives criteria such as skills, efforts and difficulty. In particular it is the government’s responsibility to deal with discrimination that may arise out of the existence of occupational categories and jobs reserved for women.

Likewise under articles 2 and 3 of Convention 111 the government has the obligation to declare and pursue a national policy to promote equality of opportunity and treatment in respect to employment and occupation. As of this date, no information of this kind had been made available by the Government to the ILO.

Section 27 of the Federal Act No 8 of 1980 prohibits night work for women while section 28 and Ministerial Orders No 46/1 and No 47/1 of 1980 allow for certain exceptions. Under section 29 of the Federal Act No 8 “no women shall be employed on any job that is dangerous, arduous or detrimental to health and moral.” The ILO Committee of Experts on the Application of Conventions and Recommendations has invited the Government to assess whether these provisions are consistent with the principles of equality and non-discrimination. As of this date, the Government has not answered.

According to the Ministry of Planning, female citizens constitute approximately 26% of the national workforce, an 11% rise over the past 10 years. According to government statistics, women comprise approximately 42% of all employees in education, 34% in the health sector, 20% in social affairs, 28% of all civil servants, and 57% of citizens working in banking and financial services. Women constitute approximately three-quarters of all university students. There is no legal prohibition against women owning their own businesses. Female citizens working as doctors, architects, and lawyers typically do not face restrictions on licensing their own businesses; however non-citizens of either sex may not license a business.

In practice women working outside their home do not always receive equal benefits to their men counterparts. Women reportedly face discrimination in promotion. Due to the persistence of traditional discriminatory patterns within society, some women are still required to obtain permission from their husbands in order to take up work outside the home.

Bearing in mind that domestic workers are not covered by Federal Act No 8 of 1980, the Government needs to provide the ILO with information on the measures taken or envisaged to prevent discrimination against domestic workers on the basis of race, colour and sex, including remedies available to victims of such discrimination.

Societal discrimination on the ground of race, colour, religion or cultural background against migrant workers, while not legally sanctioned, is prevalent and occurs in most areas of daily life, including employment, housing, social interaction, and healthcare. National origin plays an important role in employment and immigration, as well as cultural attitudes towards migrant workers, who comprise approximately 85 percent of the national population. More than 50% of foreign workers are estimated to have come from the Indian subcontinent.

There are credible reports of abuses committed by employers, especially in small firms and against low-skilled workers. A major factor is the immigration sponsorship laws that grant employers extraordinary control over the affairs of migrant workers. This system entails the workers entering into significant dependency on their employers. Abuses committed against migrant workers include non-payment of wages, extended working hours without overtime compensation, unsafe working environments resulting in death and injury, and withholding of passports and travel documents by employers.

The number of deaths and injuries at the workplace is high. According to a Human Rights Watch report as many as 880 deaths occurred at construction sites in 2004. These numbers were compiled by surveying embassies of countries that have a large number of workers in the UAE. Government figures contrast sharply with these findings, stating that the total number of deaths in 2004 was only 34. Despite the fact that they are employed in dangerous work, migrant workers are denied access to many free or reduced-cost services provided by the government, including child and adult education, health care, housing, and social and recreational club memberships. While health care and medicine against HIV AIDS are provided freely by the government, migrant workers who contract the disease are denied health care and deported.

Conclusions

Discrimination on grounds of race, colour, religion and cultural background against migrant workers, while not legally sanctioned, is prevalent and occurs in most areas of daily life, including employment. Abuses committed against migrant workers include non-payment of wages, extended working hours without overtime compensation, unsafe working environments resulting in death and injury, and withholding of passports and travel documents by employers.

III. Child Labour

The United Arab Emirates ratified ILO Convention No. 138 (1973), the Minimum Age Convention in 1998 and Convention No 182 (1999), the Worst Forms of Child Labour Convention in 2001.

The labour law prohibits employment of persons under the age of 15 and has special provisions for employing those of 15 to 18 years of age. The Ministry of Labour and Social Affairs is responsible for enforcing the regulations. The government does not issue work permits for foreign workers under the age of 18. All children receive free health care and all citizens’ children also receive free public education through the university level. Migrant workers’ children are generally not permitted to enrol in public schools.

By virtue of sections 1, 2 and 7 of the law on compulsory education, education is compulsory up to 16 years of age. However it is not enforced. For the 2004-05 academic year the Ministry of Education reported student dropout rates as 9.9% in primary level, 8.3% in middle schools, and 9.3% in the secondary level. Noting that agricultural workers and domestic servants are excluded from the scope of the Federal Law on labour relations No 8 of 1980, the ILO Committee of Experts on the Application of Conventions and Recommendations has requested the government to ensure that these particular categories of child workers benefit from the protection provided by the ILO Conventions. Indeed, there are serious reports of children working as domestic servants being exploited, maltreated and sexually abused. Despite its obligation to take all necessary measures to ensure the effective implementation and enforcement of the provisions contained in the Conventions, as of this date the government has failed to investigate the case of domestic workers.

For the last eight years the ICFTU has stressed that children as young as 5 years old continue to be trafficked from Bangladesh, Pakistan, Sudan and Yemen to be used as camel jockeys. According to the statement made by the Minister for Overseas Pakistanis in November 2004 some 2,000 children from Pakistan, India, Bangladesh and Mauritania were taken to the UAE to work as camel jockeys. International organizations estimate that between 5,000 and 6,000 children work as camel jockeys in the UAE. Others talk about 10,000 children being used as camel jockeys. The UN Special Rapporteur on the sale of children, child prostitution and pornography stated in its March 2005 report that “the number of individual cases of boys trafficked to be used as camel jockeys received by the Special Rapporteur highlights a pattern indicating that this problem persists and that measures need to be taken to address it” . Despite the very public use of under-age camel jockeys and the fact that the police is supposed to carry out inspections during races, those exploiting camel jockeys are rarely prosecuted.


Responding to this severe international criticism, including from the ICFTU, a federal law was promulgated in July 2005 requiring that all camel jockeys must be eighteen years of age or older. The new law stipulates that violators will be jailed for up to three years and/or fined a minimum of Dh 50,000 (U.S.$13,600). Unfortunately there are objective reasons to question the government’s ability to enforce the law since none of the several legal measures taken in the past to limit the use of children in this extremely dangerous job have yielded tangible results. In addition it is highly questionable whether the penalties provided for in the new law will be dissuasive enough for rich offenders.

Therefore in 2005 the ILO Committee of Experts on the Application of Conventions and Recommendations requested the Government to take the necessary measures to ensure that persons who traffic in children for camel racing are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

In a positive development, the government signed in 2005 an agreement with UNICEF for screening, identifying, rescuing, protecting, rehabilitating, and reintegrating children working in the camel jockey industry. Several repatriations took place in 2005.

In 2003 a report from the International Organisation for Migration (IOM) highlighted that girls from Azerbaijan, the Russian Federation and Georgia are trafficked to the UAE for the purpose of sexual exploitation. Although article 346 of the Penal Code prohibits the trafficking of children, only one case of a child trafficked for the purpose of prostitution has been brought to court. Therefore the ILO Committee of Experts on the Application of Conventions and Recommendations formally requested the Government in 2005 to take the necessary measures to ensure that children under 18 are not trafficked to the UAE for commercial sexual exploitation.

Child prostitutes are sentenced to imprisonment and, when they are foreigners (which is the case of most of them) they are repatriated to their country of origin. However under article 7 of Convention 182, the government has the obligation to take effective and time-bound measures to provide the necessary and appropriate direct assistance for their rehabilitation and social integration. The ILO Committee of Experts has strongly encouraged the Government to ensure that children trafficked to the UAE for commercial sexual exploitation are treated as victims rather than offenders. It has requested the government to ensure the rehabilitation and social integration of these victims.

Conclusions

The worst forms of child labour occur in the UAE. While the government has recently taken some initiatives to address the issue of young children working as camel jockeys, much remains to be done to put an end to these practices. The situation of children working as domestic workers requires an investigation. The government has failed to addressed the issue of children trafficked for the purpose of sexual exploitation in any satisfactory way.


IV. Forced Labour

The United Arab Emirates ratified ILO Convention No. 29 (1930), the Forced Labour Convention in 1982 and ILO Convention No. 105 (1957), the Abolition of Forced Labour Convention in 1997.

The law prohibits forced or compulsory labour for both adults and children. However the ILO has noted that on several points, the UAE legislation is not in conformity with the Conventions.

Under sections 317 and 320 of the Penal Code, establishing an organization or convening a meeting or conference for the purpose of fighting or mistreating the foundations or teachings of the Islamic religion or calling for the observance of another religion is prohibited. Any person who is a member of such an association or calls for an idea or ideology which includes the above is punishable with imprisonment involving an obligation to perform labour. In addition, the Public Order and Security Act No20 of 1967 empowers the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour.

These legal provisions contradict the Conventions which prohibit the use of forced or compulsory labour as a punishment for holding or expressing political views or ideology opposed to the established political, social or economic system. For several years, the ILO Committee of Experts on the Application of Conventions and Recommendations has requested the government to put its legislation into conformity with the Conventions. The government has failed to act.

Likewise sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the Minister to declare any combination of two or more persons an unlawful society and thus render any speech, publication or activity on behalf of, or in support of such a combination illegal and punishable with imprisonment involving an obligation to perform labour, contravene the provisions of the Conventions. In addition the ILO Committee of Experts found that the limitations imposed by Federal Law No 15 of 1980 on individual rights and freedoms are formulated in such wide and general terms that they may lead to the imposition of penalties involving compulsory labour as punishment for the expression of political views or views ideologically opposed to the established political, social and economic system. As of this date the government has failed to put the legislation into conformity with the Convention.

The provisions of the Federal Law on Merchant Shipping No 26 of 1981 under which penalties of imprisonment involving compulsory labour may be imposed on seafarers for various breaches of labour discipline is not in conformity with the Conventions.

Section 213 of the Penal Code provides for sanctions of imprisonment involving compulsory labour in cases where at least 3 public officials abandon their job or voluntarily abstain from performing any obligations related thereto. However such sanctions are only compatible with the Conventions in so far as they apply to essential services in the strict sense of the term. As to this date the Government has failed to put the legislation into conformity with the Conventions.

The law does not specifically prohibit trafficking in persons, although child smuggling, forced prostitution, kidnapping, fornication, and pornography are crimes.

In practice employment agents continue to bring some foreign workers to the country to work under forced or compulsory conditions. Women are brought to the country under false promises of legitimate employment and are instead forced into prostitution. Low-paid unskilled and semi-skilled workers are victims of contract switching, which occurs when a worker is offered a certain position, often secretarial, but receives work as a domestic servant or other similar position after
obtaining a visa and labour card. When the worker receives the visa and labour card it is to work as a domestic servant or other similar position. Although the UAE criminalizes the withholding of employees’ passports by employers, there is inconsistent enforcement of the law, and the practice continues to be widespread.

The immigration sponsorship laws that grant employers extraordinary control over the affairs of migrant workers entail heavy dependency of the workers on the employer which has been described as analogous to slavery by some legal experts and NGOs active in the sector.

The case of an Indonesian domestic servant who became pregnant in 1999 and was accused by her employers of adultery is illustrative. The woman was sentenced to death by stoning but due to international pressure the sentence was commuted in appeal to one year’s imprisonment and deportation at the end of her sentence.

The UAE government’s efforts to prosecute crimes relating to trafficking for commercial sexual exploitation are minimal. Despite a few arrests and prosecutions of those involved in such crimes, including travel and employment agencies that reportedly facilitate the trafficking of victims, UAE law enforcement efforts focus largely on the arrest, incarceration, and deportation of foreign women in prostitution, many of whom are likely to be victims of trafficking. The police do not make concerted, pro-active efforts to distinguish trafficking victims among women arrested for prostitution and illegal immigration; as a result, victims are punished with incarceration and deportation. The government does not keep data on trafficking and related investigations, arrests, and prosecutions.

Conclusions

On several points, national legislation is not in conformity with ILO Conventions on forced labour. In practice, trafficking in women and girls used as prostitutes or domestic servants and in men used as servants, labourers, and unskilled workers continues to be extremely serious problems which the Government fails to address in any satisfactory way.

CONCLUSIONS AND RECOMMENDATIONS:

1. The UAE should ratify ILO core Conventions 87 and 98 on the protection of trade union rights.

2. The new law allowing trade unions to be put in place by the end of the year 2006 should be consistent with ILO Conventions 87 and 98, including with regard to equality of treatment for UAE nationals and foreign workers.

3. Domestic servants, agricultural workers and workers in free trade zones should be covered by labour legislation.

4. The UAE should actively promote anti-discrimination measures in all employment related areas. In particular, there is an urgent need to adopt legislative instruments to protect individuals against discrimination on the basis of their race, religion, colour or cultural background. The government should provide adequate resources for implementing the law against discrimination and must improve the mechanisms for enforcement.

5. The UAE should amend its legislation to adopt the principle of equal remuneration for work of equal value. It should provide adequate information to the ILO with regard to implementation of its existing policy on equality of opportunity and treatment.

6. The government should take measures to prevent and redress discrimination on the ground of race, colour, sex, and religion, with a particular attention to domestic workers.

7. Government should take effective measures to enforce labour laws, especially in the construction sector where many migrant workers are employed.


8. The UAE should seriously investigate the case of domestic servants and take action to prevent their exploitation or maltreatment.

9. The government should effectively enforce the new law preventing the use of children as camel jockeys. The government should ensure that sufficiently dissuasive penalties are imposed in cases of contravention.

10. Offenders employing children in hazardous work or prostitution should be prosecuted.

11. The government should take effective measure to ensure the rehabilitation nd social integration of children trafficked to the UAE for the purpose of sexual exploitation.

12. The UAE should put its legislation on forced labour in conformity with ILO Conventions.

13. The UAE should take more efficient measures to deal with workers trafficked to the country, whose conditions amount to involuntary servitude.

14. In line with the commitments accepted by the UAE at the Singapore and Doha WTO Ministerial Conferences and its obligations as a member of the ILO, the government should report to the WTO and the ILO on its actions to implement fully the core labour standards.

15. The WTO should draw to the attention of the authorities of the UAE the commitments they undertook to observe core labour standards at the Singapore and Doha WTO Ministerial Conferences. The WTO should request the ILO to intensify its work with the government of the UAE in these areas and provide a report to the WTO General Council on the occasion of the next
trade policy review.

References

• Anti-Slavery International, various reports on UAE, 2000-2006

• Comparative labour law, several articles

• Education International (EI), Barometer on Human and Trade Union Rights in the Education Sector, 2005.

• Human Rights Watch, various country reports, 2000-2006

• International Confederation of Free Trade Unions (ICFTU), Annual Survey of Violations of Trade Union Rights, editions from 2000 to 2005.

• International Labour Organisation (ILO), Report of the Committee of Experts on the Application of Conventions and Recommendations, editions from 1993 to 2005.

• International Organisation for Migration (IOM), Shattered dreams, Report on trafficked persons in Azerbaijan, 2002

• United Nations Development Programme (UNDP), Human Development Report, 2005.

• UN Special Rapporteur on the sale of children, child prostitution and pornography, Report of March 2005

• US Department of State, Report on Human Rights Practices for 2004 and 2005



FOR MORE READING AND REFERENCES:



Swept Under the Rug July 27, 2006

http://www.hrw.org/en/reports/2006/07/27/swept-under-rug-0


Swept Under the Rug

Abuses against Domestic Workers Around the World

I. Introduction

Best and worst government practices

Key recommendations

To Labor Ministries

To Heads of State and Government, and Parliaments

To the Police, Attorney General's Offices, and the Judiciary

To the Foreign Ministries of Workers' Countries of Origin

To Ministries of Education

II. Criminal abuses against domestic workers

Psychological, physical and sexual violence

Psychological abuse

Physical abuse

Food deprivation

Sexual harassment and assault

International human rights law and government response

Forced labor

International human rights law and government response

Trafficking

International human rights law and government response

Recommendations

To the Police, Attorney General's Offices, and the Judiciary

To Heads of State and Government, and Parliaments

III. Exclusion from labor laws

Wage exploitation

Minimum wage and overtime pay

Wage withholding and unpaid wages

Rest days

Long hours and workloads

Workers' compensation

Health care and maternity leave

Health care

Maternity leave

Termination of contracts

Inadequate living conditions

International labor standards and government response

The right to just and favorable conditions of work

Freedom from discrimination

Recommendations

To Labor Ministries

To Heads of State and Government, and Parliaments

IV. Child domestic workers

Worst forms of child labor

Separation from family

Education denied

Barriers to education

Working in order to attend school

The effect of work on education

International human rights law and government response

Recommendations

To Heads of State and Government, and Parliaments

To Labor Ministries

To Ministries of Education

V. Migrant domestic workers

Recruitment and training

Restrictions on freedom of movement and association

Legal status

Debt

Reproductive, marriage and sexual rights

Language and religion

International human rights law and government response

Recommendations

To Labor Ministries

To Heads of State and Government, and Parliaments

To the Police, Attorney General's Offices, and the Judiciary

Acknowledgments

Appendix A – Human Rights Watch reports on domestic workers

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