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Article 3 of the Convention. Clause (a). Compulsory recruitment of children for use in armed conflict. The Committee previously noted that article 139 of the Constitution provides that military service is regulated by law. The Committee requested the Government to indicate whether the existing legislation prohibits the forced or compulsory recruitment of children under 18 years of age for use in armed conflict. The Committee notes the Government’s statement that there is no explicit legislative text which prohibits the compulsory recruitment of children, though article 34 of the Constitution contains a general prohibition on forced labour, except in exceptional circumstances.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes the extracts of the Penal Code included in the Government’s report.  The Committee notes that, by virtue of section 363 of the Penal Code, it is an offence to incite or help a man or a woman to commit prostitution or debauchery, and that section 365 of the Penal Code provides that a person who manages a place for debauchery or prostitution commits a criminal offence. The Committee also notes that, by virtue of section 366 of the Penal Code, it is prohibited to exploit, by any means, the debauchery or prostitution of another person. The Committee also notes the Government’s indication that the jurisprudence interprets the term “debauchery” to mean acts which violate honour, and the canonical law of Islam, including entertaining illegal sexual relationships intended to corrupt morality, or to make a profit from such an act. The Committee requests the Government to clearly indicate if the use, procuring or offering of a person under the age of 18 for the production of pornography or pornographic performances is included in the term “debauchery” contained in sections 363, 365 and 366 of the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted the Government’s indication that section 42 of Federal Law No. 4 of 2002 concerning money laundering provides that a person, who exposes a juvenile to vagabondage and delinquency or incites a juvenile to commit an offence, commits a crime. The Committee requested the Government to indicate whether this provision prohibited the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement that section 42 of Federal Law No. 9 of 1976 prohibits preparing, assisting, inciting or facilitating (in any manner) a young person to commit a crime, even if the crime is not committed, and that this includes a prohibition on the employment of a young person for the production and trafficking of drugs, in accordance with the law on young persons.

Article 3, clause (d), and Article 4, paragraph 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 further noted that the draft amended text of section 20 of the Labour Code will replace Ministerial Order No. 5/1 of 1981 and noted the Government’s indication that this amendment was going through the constitutional channels for its adoption. The Committee expressed the hope that the draft amended text of section 20 of the Labour Code would soon be adopted and requested the Government to indicate what types of hazardous work are prohibited to young persons under 18 years pursuant to this section.

The Committee notes the copy of the draft amended text of section 20 of the Labour Code in the Government’s report, and observes 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 also 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 and notes an absence of information in the Government’s report on any progress with regard to its adoption. Therefore, the Committee requests 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. Following the adoption of this amendment, the Committee also 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. The Committee requests the Government to provide information on any progress made in this regard.

Article 7, paragraph 1. Penalties. The Committee previously noted the Government’s indication that an amendment to section 181 of the Labour Code had been drafted containing additional details on penalties for violations of this Code. It requested the Government to provide information on any progress towards the adoption of draft amended section 181 of the Labour Code and to provide information on the penalties applicable to persons who employ children under 18 years in hazardous work in violation of the draft amended section 20 of the Labour Code. The Committee notes the information in the Government’s report submitted under Convention No. 138 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), sentenced to imprisonment or both. The Committee also notes that sections 182 and 183 of the Labour Code provide for harsher penalties if this violation is committed with regard to numerous employees or had been committed several times within a year.

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Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Slavery and practices similar to slavery. Sale and trafficking of children for their use in camel jockeying. In its previous comments, the Committee observed the International Trade Union Confederation’s (ITUC) allegations that some 2,000 children from Bangladesh, India, Mauritania and Pakistan were taken to the United Arab Emirates (UAE) to work as camel jockeys, including children as young as 5 years of age. The Committee noted the adoption of Federal Law No. 15 of 2005, which prohibits the trafficking of children under 18 for camel racing. It also noted the Government’s indication that the country took clear measures to address the offence of trafficking in persons by adopting Federal Act No. 51 of 2006, which relates to the trafficking of persons. It further noted the Government’s indication that camel owners had a rising interest in the use of robot jockeys instead of child camel jockeys, though noted the ITUC’s allegations that smaller camp-based venues still used children as jockeys. In addition, the Committee noted several measures taken by the Government to prevent and eliminate the trafficking and the use of children for camel jockeying, including a meeting with delegates from Bangladesh, Mauritania, Pakistan and Sudan to affirm a commitment to ending the use of children as camel jockeys and providing services and compensation to children formerly used for this purpose in the UAE. Finally, the Committee requested the Government to provide a copy of Federal Act No. 51 of 2006.

The Committee notes with satisfaction that section 1 of Federal Act No. 51 of 2006 defines human trafficking as the “recruitment, transport, deportation or receipt of persons by threat or use of force or any other form of coercion, including kidnapping, deception, cheating, abuse of authority or abuse of state of weakness, or by giving or receiving financial sum or benefits in order to obtain the approval of a third person who might have influence on another for the purpose of exploitation”. This Act provides for a penalty of life imprisonment if the victim is a child, which is defined in section 1 as any person under the age of 18 years. The Committee also notes the information in the Government’s report that, pursuant to Ministerial Order No. 251 of 2005, an executive-level office with headquarters was established at the Ministry of the Interior, to eliminate the use of children under the age of 18 as camel jockeys. The Committee further notes that this executive-level office took the following measures to address this issue:

(i)    established the conditions for granting entrance permits to the category of riders, in conformity with the provisions in federal law;

(ii)    controlled and monitored, in coordination with the Federation of Camel Racing, all fields of camel races;

(iii)   coordinated with the Ministry of Health to verify the age of racers in comparison to the age inscribed in their passport; and

(iv)   implemented an awareness campaign for all camel owners with respect to the penalties under Federal Law No. 15 of 2005 related to human trafficking.

The Committee encourages the Government to pursue its efforts to ensure that children under 18 years of age are not trafficked nor used in the future for the purpose of camel jockeying.

Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted the ITUC’s allegations that, according to a report of the International Organization for Migration (IOM), girls from Azerbaijan, Georgia and the Russian Federation, as well as other countries, had been trafficked to the UAE for sexual exploitation. It also 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, and that, 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. However, the Committee further noted that, according to the 2007 report of the Special Rapporteur on the sale of children, child prostitution and child pornography, Ukrainian girls were trafficked to the UAE, for the purposes, inter alia, of sexual services (A/HRC/4/31/Add.2, paragraphs 48–53). The Committee observed that, according to the information available at the Office, no progress was reported in the UAE in punishing trafficking crimes. The Committee urged the Government to take the necessary measures to ensure that persons who traffic in children for the purpose of commercial sexual exploitation are prosecuted in practice, and requested the Government to provide information in this regard.

The Committee notes that section 1 of Federal Act No. 51 of 2006 prohibits human trafficking for the purpose of exploitation, and defines exploitation to include all forms of sexual exploitation and prostitution. The Committee notes 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 UAE (statement of the UN Special Rapporteur), that she received a low number of reported cases of sale of children for the purposes of sexual exploitation. However, the annual report (2008–09) of the National Committee to Combat Human Trafficking in the UAE (NCCHT report) indicates the continued existence of trafficking of children for this purpose. The Committee notes that the 43 victims of trafficking who received services from the Dubai Foundation for Women and Children (DFWAC), 95 per cent of whom had been subject to sexual abuse, included 11 children under the age of 18. The Committee therefore urges the Government to take the necessary measures to prevent and eliminate the trafficking of persons under the age of 18 for the purpose of sexual exploitation. Furthermore, noting an absence of information in the Government’s report concerning the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for this offence, the Committee again requests the Government to provide this information.

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 requested the Government to provide information on the measures taken by the NCCHT with regard to the trafficking of children.

The Committee notes the information in the NCCHT report that the NCCHT meets frequently, and during 2008–09, took numerous measures to address the problem of trafficking. The NCCHT established a web site and launched an awareness-raising campaign on the issue of trafficking. It also conducted workshops and training sessions, throughout the year, in cooperation with various law enforcement departments and ministries. A brainstorming session to discuss the national strategy against human trafficking was held in 2008 and attended by 80 senior representatives from law enforcement and the judicial department, where these officials were instructed to focus on further prosecutions and to work towards a centralized documentation system on trafficking to better understand the extent of the problem. The Committee also notes that, following directives of the NCCHT, all law enforcement departments in the country, including police, prosecutors and immigration officials, have been conducting specialized annual training programmes to strengthen the capacity of these bodies to combat this crime. The Committee further notes the information in the NCCHT report that a new visa system was instituted in July 2009, to better address the issue of trafficking. The Committee welcomes these measures and requests the Government to continue to provide information on the activities of the NCCHT, and the impact of these measures on the elimination of the trafficking of children under 18 years for the purpose of commercial sexual exploitation and labour exploitation.

Article 7, paragraph 1, and Part III of the report form. Penalties and court decisions. Trafficking. The Committee previously noted the ITUC’s allegation that prosecutions of persons exploiting trafficked children in camel races were rare. Young child camel jockeys were found in al-Baraimmi in Oman and in al‑Ain in the UAE, where the employers of camel jockeys form part of the local elite and enjoy impunity. The Committee also noted that Federal Law No. 15 of 2005 provides for three years’ imprisonment or a minimum fine of 50,000 dirhams or both for persons who traffic in, recruit, or use children under 18 years of age for camel racing. However, the Committee noted the ITUC allegation that, considering the fact that approximately 2,000 child camel jockeys were found in the UAE in May 2005, the figure for prosecutions under the new law was very disappointing and raised questions as to whether existing monitoring and enforcement mechanisms were adequate. It further noted two cases in which penalties were imposed on persons who, due to the negligence in adopting the necessary safety measures, were responsible for causing injuries to child camel jockeys. The Committee requested the Government to continue to take the necessary measures to ensure that persons who traffic in children for camel racing, as well as persons who use children as camel jockeys, in contravention of the provisions of Federal Law No. 15 of 2005, were prosecuted and received appropriate penalties.

The Committee notes, that pursuant to section 2(2) of Federal Act No. 51 of 2006, the penalty for trafficking a person under the age of 18 shall be life imprisonment. The Committee also notes the statement in the NCCHT report that the penalties imposed for this offence are, in practice, growing harsher, as those convicted in 2007–08 received jail terms ranging from three to ten years for committing, aiding or abetting human trafficking, while in 2008–09 at least two offenders received life sentences. The Committee further notes the information in the NCCHT report that ten cases of trafficking were registered in 2007 and 20 cases were registered in 2008. This report also indicates that in 2008, 43 persons were charged under Federal Act No. 51 of 2006.

The Committee notes the information in the Government’s report that, in Case No. 1866/2008 of 22 May 2008, the two persons accused of selling four children as slaves in return for money were charged, by virtue of section 346 of the Penal Code and sections 1(2), 2(2), 4 and 6 of Federal Act No. 51 of 2006. However, the Committee notes that the two accused received convictions only under the Penal Code. The accused therefore received only three and six months’ imprisonment, as the court decided to remove the charges under Federal Act No. 51 of 2006, in view of the lack of evidence necessary to prove criminal intent, as required in this Act. The Committee reminds the Government that, by virtue of Article 7(1), of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of sufficiently effective and dissuasive penalties. Therefore, the Committee urges the Government to take the necessary measures to ensure that those persons responsible for the trafficking and use of these children are in practice prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Article 7, paragraph 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. Children trafficked for use as camel jockeys. The Committee previously noted the Government’s 2007 agreement with UNICEF to establish a second and expanded phase of their programme to rehabilitate and repatriate child camel jockeys to their country of origin (UAE–UNICEF programme). It also noted that the Government continued to cooperate with UNICEF and the Governments of Bangladesh, Mauritania, Pakistan and Sudan, in order to withdraw children trafficked to the UAE for use in camel jockeying, and to rehabilitate them, repatriate them to their countries and reintegrate them into their communities. Within the framework of the UAE‑UNICEF programme, the UAE Ministry of Interior and government representatives from Bangladesh, Mauritania, Pakistan and Sudan, decided to establish an independent claims facility to compensate any anguish, pain, emotional distress or physical injuries that child camel jockeys from these countries who were formerly involved in camel racing in the UAE may have suffered.

The Committee notes with interest the information in the Government’s report that, by 2008, 3,778 children had been withdrawn from work as camel jockeys (879 from Bangladesh, 465 from Mauritania, 1,303 from Pakistan, and 1,131 from Sudan). The Committee also notes the Government’s indication that it has provided approximately US$8,414,900 in monetary compensation to the child victims of this type of work. The Committee further notes the information in the Government’s report that, in addition to the financial compensation given to victims, it took the following initiatives, in collaboration with UNICEF and various NGOs:

(i)    set up centres to provide medical aid and other services to children in Sudan;

(ii)    organized a follow-up system for the families of child victims, in conjunction with the judicial authorities in Mauritania;   

(iii)   provided social services to children in Pakistan, and organized a campaign to promote their return to school;      

(iv)   set up a social welfare committee in Bangladesh; and

(v)   provided a follow-up mechanism to enable NGOs and local institutions to monitor the payment of wages in arrears to children benefiting from rehabilitation and compensation programmes.

The Committee requests the Government to continue to provide information on the number of children who have been repatriated and rehabilitated within the framework of the UAE–UNICEF programme, in addition to the number of children receiving financial compensation. It also requests the Government to continue to provide information on other measures taken to remove, rehabilitate and reintegrate these children, in the UAE and in their country of origin.

Child victims of trafficking for sexual exploitation. The Committee previously noted the ITUC’s allegation 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 child prostitutes 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 information that the DFWAC was set up in order to ensure the welfare of women and children and would provide social protection, accommodation, support, health services, psychological care and education to women and child victims of trafficking, in order to reintegrate them into society. The Committee requested the Government to indicate the number of child victims of trafficking for sexual exploitation who have been rehabilitated and socially integrated through the DFWAC or other centres.

The Committee notes 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. It also notes the Government’s statement that it has a record of providing protection and assistance to victims of sexual exploitation, and that it helps victims secure the necessary documents for their repatriation, under the umbrella of the “Programme to assist victims of crime”, in collaboration with the governments of their countries of origin and NGOs. 

The Committee notes 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. The Committee notes that the DFWAC provided services to 43 women and children who were victims of trafficking. The Committee also notes the information in the NCCHT report that the police regularly refer victims of trafficking to appropriate services, and that 80 per cent of the victims of trafficking provided shelter by the DFWAC were referred by the police department. The Committee further  notes the establishment of the Centre for the shelter of women and children who are victims of human trafficking in Abu Dhabi, in January 2008, with a budget of 8.8 million dirhams (approximately US$2,395,894), which has helped 15 victims of trafficking. The Government also indicates that the Red Crescent Agency intends to establish centres to provide assistance to women and children who are victims of trafficking, including shelter, medical and psychological care, and social support. In addition, the Committee notes that the Public Department for the Protection of Human Rights in Dubai provided diverse assistance to 27 victims of trafficking, through the provision of temporary shelter, temporary visas and airplane tickets for their return to their country of origin.

Nonetheless, the Committee notes 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. Therefore, the Committee strongly encourages the Government to ensure that children trafficked to the UAE for commercial sexual exploitation are treated as victims rather than offenders. It requests the Government to continue to take measures to ensure the rehabilitation and social integration of child victims of trafficking for sexual exploitation, and to provide information on measures taken in this regard.

Article 8. International cooperation. The Committee notes the information in the 2009 Global Report on trafficking in persons, issued by the UN Office on Drugs and Crime, that the Government provided financial support for the preparation and publication of the report. The Committee also notes the information in the NCCHT report that the Government signed bilateral agreements with several countries (Bangladesh, China, India, Nepal, Pakistan, Philippines, Sri Lanka and Thailand) to regulate the flow of labour which would contribute to the elimination of trafficking. The Committee further notes the Government’s continued cooperation with the IOM, including participation in a regional conference on human trafficking and a two-day training programme for law enforcement officials.

Part V of the report form. Application of the Convention in practice. The Committee previously 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 young persons. The Committee notes that the statement of the UN Special Rapporteur indicates 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 therefore 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.

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

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

Article 3 of the Convention. Clause (a). Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that article 139 of the Constitution provides that military service is regulated by law. The Committee had recalled that, according to Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour and shall therefore be prohibited for children under 18 years of age. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to indicate whether the existing legislation prohibits the forced or compulsory recruitment of children under 18 years of age for use in armed conflict.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had noted the Government’s indication that, by virtue of section 363 of the Penal Code, it is an offence to incite or help a man or a woman to commit prostitution or immoral acts. According to the Government, section 365 of the Penal Code provides that a person who keeps or runs a brothel or a place where immoral acts are committed, commits a criminal offence. The Government had further stated that, by virtue of section 366 of the Penal Code, it is prohibited to exploit, by any means, the prostitution of a person or take advantage of the immoral acts committed by that person. The Committee once again urges the Government to provide information on the meaning of “immoral acts” under the abovementioned provision of the Penal Code and to provide examples of such acts.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had noted the Government’s indication that section 42 of Federal Law No. 4 of 2002 concerning money laundering provides that a person, who exposes a juvenile to vagabondage and delinquency or incites a juvenile to commit an offence, commits a crime. The Committee requests the Government to indicate whether the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, constitutes a crime pursuant to section 42 of Federal Law No. 4 of 2002.

Article 3, clause (d), and Article 4, paragraph 1. 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 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, and to provide a text of the amended provision as soon as it has been adopted. It also requests the Government to indicate what types of hazardous work are prohibited to young persons under 18 years pursuant to the adoption of the draft amended section 20 of the Labour Code.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee had previously noted that, by virtue of section 1 of Ministerial Order No. 44/1 of 1980, labour inspectors are responsible for supervising the implementation of labour laws, and in particular the provisions regulating the employment of young persons. The Committee had also noted that labour inspectors are explicitly in charge of carrying out night inspections to check the working hours and employment of young persons and women (section 2(e) of Ministerial Decree No. 44/1 of 1980). Labour inspectors shall also prepare a monthly statistical statement which includes the number of inspections carried out, the number of establishments inspected, the number of complaints investigated, as well as the number of judicial proceedings (section 12 of Ministerial Decree No. 44/1 of 1980). Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the activities of labour inspectors, including the number of establishments inspected, the number of complaints investigated, the number of judicial proceedings and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Penal Code provides for sufficiently effective and dissuasive penalties for various offences, such as slavery (section 346); forced and compulsory labour (section 347); inciting a person under 18 years of age to commit prostitution or an act of debauchery (section 363); exploiting, by any means, the prostitution of a person or taking advantage of the immoral acts committed by that person (section 366). It had further noted that section 181 of the Labour Law states that a person violating the provisions on the employment of young persons is liable to a fine of a maximum of 10,000 UAE dirhams and a maximum of six months of imprisonment. It had also noted the Government’s information that the application of penalties specified in section 181 of the Labour Law comes in addition to the penalties specified by virtue of other laws, such as section 347 of the Penal Code. The Committee notes the Government’s information under Convention No. 138 that draft amended 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. The Committee requests the Government to provide information on any progress towards the adoption of draft amended section 181 of the Labour Code. It also requests the Government to provide information on the penalties applicable to anyone who employs children under 18 years in hazardous work in violation of the draft amended section 20 of the Labour Code.

Part V of the report form. Following its previous comments, the Committee notes the Government’s information under Convention No. 138 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 requests the Government to provide, as soon as it becomes available, information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

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 in line with the Convention. It requests the Government to keep it informed on any progress made in this regard.

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The Committee notes the Government’s report and the communication of the International Trade Union Confederation (ITUC) dated 31 August 2006. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Slavery and practices similar to slavery. 1. Sale and trafficking of children for their use in camel jockeying. In its previous comments, the Committee had observed the ITUC’s allegations that, 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 United Arab Emirates (UAE) to work as camel jockeys. Moreover, in 2005, children as young as 5 years of age continued to be trafficked from Bangladesh, Pakistan, Sudan and Yemen to be used as camel jockeys in the UAE. The Committee had noted with interest the adoption of Federal Law No. 15 of 2005, which prohibits the trafficking of children under 18 for camel racing. It had finally noted that, on 8 May 2005, the UAE signed an agreement with UNICEF in order to rehabilitate and protect child jockeys who were repatriated to their country of origin.

The Committee notes the ITUC’s allegations of 31 August 2006 that, notwithstanding the Government’s indication that camel owners from October 2005 were starting to use robots to replace child camel jockeys, credible sources indicate that races with child jockeys are still taking place in smaller camp-based venues.

The Committee notes with interest the Government’s information that the country took clear measures to address the offence of trafficking in persons by adopting Federal Act No. 51 of 2006, which relates to the trafficking of persons and includes penalties entailing a penalty of life imprisonment if the victim is a boy or a girl under 18 years of age. It also notes with interest that the Government has taken a number of measures to prevent and eliminate the trafficking and the use of children for camel jockeying. In particular, according to the Government, camel jockeying became automated from October 2005, which raised the interest of camel race owners in using robot jockeys rather than child camel jockeys. The Committee finally notes that, according to recent information from UNICEF, in April 2007, UNICEF and the UAE, together with delegates from Pakistan, Bangladesh, Mauritania, and Sudan met to affirm their historic commitment to ending the use of children as camel jockeys and providing services and compensation to all children formerly involved in camel racing in the UAE. Acknowledging that an international solution is the only effective way to protect former camel jockeys, the Governments of Bangladesh, Mauritania, Pakistan and Sudan commended an agreement signed by the UAE and UNICEF to establish a second and expanded phase of their programme to rehabilitate and repatriate child camel jockeys to their country of origin. That agreement, dated 23 April 2007, was signed in Abu Dhabi and extends the UAE–UNICEF programme, which started in May 2005, to May 2009.

The Committee welcomes the comprehensive measures adopted by the Government to prevent and eliminate the trafficking of children under 18 years for camel jockeying and, more generally, the use of children for camel jockeying. It encourages the Government to pursue its efforts to ensure that children under 18 years of age are not trafficked in future for the purpose of camel jockeying, in accordance with the provisions of Federal Law No. 15 of 2005, Federal Act No. 51 of 2006, and the international obligations under the UAE–UNICEF agreement. The Committee also requests the Government to provide a copy of Federal Act No. 51 of 2006 with its next report.

2. Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee had noted the ITUC’s allegations of 2003 that, according to a report of the International Organization for Migration, girls from Azerbaijan, the Russian Federation and Georgia, as well as other countries, had been trafficked to the UAE for sexual exploitation. It had also 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. The Committee notes the Government’s information that, 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. However, the Committee notes that, according to the Report of the Special Rapporteur on the Sale of Children, Child Prostitution, and Child Pornography of 24 January 2007 (A/HRC/4/31/Add.2, paragraphs 48–53, pages 15–17), Ukrainian girls are trafficked to the UAE. They are exploited, inter alia, as waitresses, or for sexual services. The Committee also observes that, according to the information available at the Office, no progress was reported in the UAE in punishing trafficking crimes. The Committee urges the Government to take the necessary measures to ensure that persons who traffic in children for commercial sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for trafficking children under 18 years of age for commercial sexual exploitation.

Article 5. Monitoring mechanisms. 1. The police. The Committee had previously noted that inspections carried out by the police during camel racing had contributed to reducing the number of children trafficked to be used as camel jockeys. It had noted that Ministerial Decree No. 41 of 2005 established a Special Commission, composed of policemen, who are responsible, among others, for monitoring camel racing, especially the issue of child camel jockeys and responding effectively to any new problem faced in this regard. It notes that, according to the information available at the Office, government officials actively monitored camel races to ensure that children were not used as camel jockeys in violation of Federal Law No. 15 of 2005. The Committee requests the Government to provide information on the measures taken by the Special Commission to ensure that child camel jockeys under 18 years do not take part in camel races, in accordance with Federal Law No. 15 of 2005. It also requests the Government to provide information on the findings of the Special Commission and the number of infringements reported.

2. National Committee to Combat Trafficking of Persons. The Committee notes the Government’s information that after the promulgation of Federal Law No. 15 of 2005, the Minister of Interior issued Order No. 376 of 2005 concerning the setting up of a National Committee to Combat Trafficking of Persons. This National Committee is presided by the Under-Secretary of the Ministry of Justice, and includes 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 National Committee has several tasks aimed at combating trafficking in persons. The Committee requests the Government to provide information on the measures taken by the National Committee to Combat Trafficking of Persons and their impact on eliminating the trafficking of children under 18 years for the purpose of labour exploitation, in particular for use in camel jockeying, as well as for sexual exploitation.

Article 7, paragraph 1. Penalties. Trafficking of children for their use in camel jockeying. The Committee had previously noted that the ITUC’s allegation that prosecutions of persons exploiting trafficked children in camel races were rare. Young child camel jockeys were found in al-Baraimmi in Oman and in al‑Ain in the UAE, where the owners of camel jockeys form part of the local elite and enjoy impunity. The Committee had noted that Federal Law No. 15 of 2005 provides for three years’ imprisonment or a minimum fine of 50,000 dirhams or both for persons who traffic in, recruit, or use children under 18 years of age for camel racing.

The Committee notes the ITUC’s more recent allegation that, considering the fact that approximately 2,000 child camel jockeys were found in the UAE in May 2005, the figure for prosecutions under the new law is very disappointing and raises serious questions as to whether existing monitoring and enforcement mechanisms are adequate.

The Committee notes that, in the framework of the UAE–UNICEF programme to rehabilitate and repatriate trafficked former child camel jockeys, the Government held an amnesty for persons releasing under age jockeys by 31 May 2005. It also notes that the prosecutions against those trafficking in and employing children for camel jockeying concern the period from June 2002 to August 2004 (whereas from October 2005 the Government indicates that robots started being used as camel jockeys). Furthermore, it notes the Government’s information under Convention No. 138 regarding two cases in which penalties were imposed on persons who – due to the 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 the 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 the negligence in adopting the necessary safety measures – injury to a child camel jockey. The Committee requests the Government to continue to take the necessary measures to ensure that persons who traffic in children for camel racing, as well as persons who use children as camel jockeys, in contravention of the provisions of Federal Law No. 15 of 2005 and the conditions for amnesty stated within the UAE–UNICEF programme, are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 7, paragraph 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. 1. Children trafficked for camel jockeying. The Committee had previously noted that, in the framework of the UAE–UNICEF programme, sheltered housing was established to take care of child victims of trafficking before repatriating them to their country of origin. It had also noted that 86 children working as camel jockeys in 2002, and 21 children in early 2003, were repatriated to Pakistan. Moreover, between 13 February 2005 and 3 May 2005, 93 child victims of trafficking were repatriated to their country of origin.

The Committee notes the ITUC’S allegations that there is a major discrepancy between the Government’s estimate of 3,000 camel jockeys in the UAE (estimate done on the occasion of the agreement signed with UNICEF) and the number of children repatriated. These figures indicate that many more children continue to work as camel jockeys and still need to be identified and repatriated.

The Committee notes that the UAE continues to rehabilitate and repatriate former child camel jockeys. In this regard, it notes the Government’s information that it has earmarked US$10 million to rehabilitate child camel jockeys and repatriate them to their countries of origin. The number of children benefiting from the programme carried out by the UAE–UNICEF programme, as of 27 March 2006, was 1,073, of which 571 were Pakistani children, 318 Bangladeshi, 159 Sudanese, 18 Mauritanian, and seven Eritrean. According to the Government, former child camel jockeys from Pakistan received financial compensation from the UAE authorities. The Committee notes that the UAE is continuing to cooperate with UNICEF and the Governments of Pakistan, Bangladesh, Mauritania and Sudan, in order to withdraw children trafficked to the UAE for use in camel jockeying, rehabilitate them, repatriate them to their countries and reintegrate them in their communities. In this regard, it notes the Government’s information that, in 2007, it earmarked a further US$30 million in order to provide additional care centres for former child camel jockeys and pay them financial compensation. The Committee also notes that, according to recent information from UNICEF, in the framework of the UAE–UNICEF programme, the UAE Ministry of Interior and government representatives from Sudan, Bangladesh, Mauritania and Pakistan decided to establish an independent claims facility to compensate any anguish, pain, emotional distress or physical injuries that child camel jockeys from these countries who were formerly involved in camel racing in the UAE may have suffered. Each of the countries will establish an independent claims facility governed by an administrative board, with one member for each board appointed by the UAE Ministry of Interior, and two members for each board appointed respectively by the Ministry of Home Affairs of the Government of Bangladesh, the Government of the Islamic Republic of Pakistan, the Ministry of Interior of the Republic of Sudan, and the Government of the Islamic Republic of Mauritania. Each Board may designate one or more NGOs or similar entities like UNICEF or the Red Crescent Society, chosen for their expertise in working with children formerly involved in camel racing. These NGOs/entities will help publicise the claim facility and provide legal and other assistance to children who are considering or have filed claims. The Committee requests the Government to continue to provide information on the number of children under 18 years who have been withdrawn from trafficking for camel jockeying and repatriated through the UAE–UNICEF programme. It also requests the Government to provide information on the compensation given to former child camel jockeys through the Independent Claims Facility.

2. Child victims of trafficking for sexual exploitation. The Committee previously noted the ITUC’s indication that the authorities of the UAE make 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 had observed the Government’s information that child prostitutes are sentenced to imprisonment and when they are foreigners, which is the case for most of them, they are repatriated to their country of origin. The Committee had encouraged the Government to ensure that children trafficked to the UAE for commercial sexual exploitation were treated as victims rather than offenders and had requested the Government to take measures to ensure the rehabilitation and social integration of child victims of trafficking for sexual exploitation. The Committee notes the Government’s information that the Dubai charity organization was set up in order to ensure the welfare of women and children. This constitutes a qualitative leap forward in providing social protection, accommodation, support, health services, psychological care and education to women and child victims of trafficking, in order to reintegrate them into society. The Committee requests the Government to indicate the number of child victims of trafficking for sexual exploitation who have been rehabilitated and socially integrated through the Dubai charity organizations or other centres.

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

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The Committee takes note of the Government’s report. It observes however that very little information in that report is relevant to the comments made by the Committee in its previous direct request. It accordingly urges the Government to provide further information on the following points.

Article 3 of the Convention. Clause (a). 1. All forms of slavery or practices similar to slavery. In its previous comments, the Committee had noted that, according to article 34 of the Constitution of 1971, slavery is prohibited. It had also noted the Government’s indication that, by virtue of section 346 of the Penal Code, it is an offence to possess, purchase or sell a person as a slave. The Committee once again requests the Government to provide a copy of the Penal Code.

2. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that article 139 of the Constitution provides that military service is regulated by law. The Committee recalls that, according to Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour and shall therefore be prohibited for children under 18 years of age. The Committee consequently urges the Government to provide a copy of the legislation prohibiting the forced or compulsory recruitment of children under 18 years of age for use in armed conflict and the applicable penalties.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had noted the Government’s indication that, by virtue of section 363 of the Penal Code, it is an offence to incite or help a man or a woman to commit prostitution or immoral acts. According to the Government, section 365 of the Penal Code provides that a person who keeps or runs a brothel or a place where immoral acts are committed, commits a criminal offence. The Government had further stated that, by virtue of section 366 of the Penal Code, it is prohibited to exploit, by any means, the prostitution of a person or take advantage of the immoral acts committed by that person. The Committee urges the Government to provide information on the meaning of "immoral acts" under the abovementioned provision of the Penal Code and to provide examples of such acts. It also asks the Government to indicate the legal provisions that expressly prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had noted the Government’s indication that section 42 of Federal Law No. 4 of 2002 concerning money laundering provides that a person, who exposes a juvenile to vagabondage and delinquency or incites a juvenile to commit an offence, commits a crime. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs is considered to be one of the worst forms of child labour. The Committee urges the Government to take the necessary measures to ensure that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is prohibited and that appropriate penalties are laid down in the law.

Article 3. Clause (d). Hazardous work. The Committee had noted that, by virtue of sections 24 and 29 of Federal Law No. 8 of 1980 on Labour Relations (the "Federal Law"), young persons under 17 years of age and women, irrespective of their age, shall not be employed on dangerous, arduous or unhealthy occupations. According to sections 23 and 27 of the Federal Law, young persons under 17 years of age and women shall not be employed at night. The Committee had requested the Government to take the necessary measures to amend Federal Law No. 8 of 1980 so as to prohibit the employment of young persons under 18 years of age in hazardous work. The Committee notes with interest the Government’s indication that section 20 of the Labour Code was amended in order to raise to 18 the minimum age for admission to hazardous work. The Committee accordingly requests the Government to provide a copy of the amended section 20 of the Federal Law.

Article 4, paragraph 1. Determination of hazardous work. The Committee had noted that Ministerial Decree No. 6/1 of 1981, taken pursuant to the Federal Law, provides for a detailed list of types of work that are likely to harm the heath, safety or morals of females. It had noted, for instance, that women, irrespective of their age, shall not be employed in the following occupations: (i) underground work; (ii) glass melting and blowing; (iii) fireworks industries; (iv) asphalts works; (v) work in tanneries; (vi) loading and unloading material in the docks; (vii) making metallic compositions containing more than 10 per cent lead; and (viii) work in bars. The Committee had however noted the absence of a list of types of hazardous work that males under 18 years of age shall not perform.

The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, the Government shall take the necessary measures to ensure that no male or female under 18 years of age performs work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee also reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation 1999 (No. 190).

The Committee accordingly urges the Government to take, without delay, the necessary measures to ensure that a list determining the types of hazardous work that shall not be performed by both boys and girls under 18 years of age, will be adopted shortly, in consultation with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190, and not limit its consideration to work performed in factories. The Committee requests the Government to inform it of any developments in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee had noted the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that, according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee once again requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee had previously noted that, by virtue of section 1 of Ministerial Order No. 44/1 of 1980, labour inspectors are responsible for supervising the implementation of labour laws, and in particular the provisions regulating the employment of young persons. They shall also inform the competent authorities of any loopholes in the law. According to section 2 of Decree No. 44/1 of 1980, labour inspectors shall periodically inspect the establishments covered by the Federal Law receive complaints on violations of the provisions of the Federal Law and carry on relevant investigations. The Committee had also noted that labour inspectors are explicitly in charge of carrying out night inspections to check the working hours and employment of young persons and women (section 2(e) of Ministerial Decree No. 44/1 of 1980). Labour inspectors shall also prepare a monthly statistical statement which includes the number of inspections carried out, the number of establishments inspected, the number of complaints investigated, as well as the number of judicial proceedings (section 12 of Ministerial Decree No. 44/1 of 1980). The Committee once again requests the Government to provide information on the activities of labour inspectors, including the number of establishments inspected, the number of complaints investigated, the number of judicial proceedings and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. Joint committee for monitoring the implementation of legal provisions giving effect to the Convention. The Committee had noted the Government’s indication that a joint committee composed of the Ministry of Labour and Social Affairs and the Ministry of Interior was set up to coordinate the application of the laws and regulations implementing the Convention. The Government had further indicated that tripartite consultations were held between the Ministry of Labour and Social Affairs, the Federation of Trade and Industry and the Coordination Society of Occupational Associations, to discuss the obligations of the Government under the Convention. The Committee requests the Government to provide further information on the concrete measures taken by the joint committee to monitor the implementation of the laws and regulations concerning the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on this point. The Committee reminds the Government that, by virtue of Article 6 of the Convention, the Government shall design and implement programmes of action to eliminate, as a matter of priority, the worst forms of child labour. In this context, the Committee urges the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in the United Arab Emirates.

Article 7, paragraph 1. Penalties. The Committee had noted the Government’s indication that, by virtue of section 346 of the Penal Code, a person who possesses, purchases or sells a person as a slave is liable to temporary imprisonment. A person who compels a person to work is liable to one year’s imprisonment and a maximum fine of 10,000 dirham (section 347 of the Penal Code). The Government had also indicated that, by virtue of section 363 of the Penal Code, a person who incites or helps a person under 18 years of age to commit prostitution or an act of debauchery is liable to two years’ imprisonment and a fine. According to the Government, section 365 of the Penal Code provides that a person who keeps or runs a brothel or a place where immoral acts are committed is liable to temporary imprisonment. The Government had further indicated that, by virtue of section 366 of the Penal Code, a person who exploits, by any means, the prostitution of a person or takes advantage of the immoral acts committed by that person, is liable to five years’ imprisonment. The sentence is aggravated if the victim is a young person. It had also noted the Government’s indication that section 42 of Federal Law No. 4 of 2002 concerning money laundering provides that a person who exposes a juvenile to vagabondage and delinquency or incites the juvenile to commit an offence, commits a crime. The Committee asks the Government to provide information on the penalties imposed in practice concerning the violation of the abovementioned provisions of the Penal Code.

The Committee had observed that section 34 of Federal Law No. 8 of 1980 on Labour Relations states that the following persons shall incur criminal liability in respect of violation of Chapters 2 and 3 (on the employment of young persons and females) of the aforementioned Law: (a) employers or their representatives; and (b) the guardians of young persons, if they consent to the employment of young persons or women contrary to the provisions of the Federal Law. The Committee had also observed that Ministerial Decree No. 6/1 of 1981 listing the types of hazardous work that females shall not perform, does not provide for penalties. The Committee recalls that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee once again requests the Government to provide information on the applicable penalties for a person who employs young persons under 18 in breach of Federal Law No. 8 of 1980 and regulations based on it, as well as a copy of the relevant provisions.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had noted that, by virtue of section 1 of Federal Law No. 11 of 1972 on Compulsory Education, primary education is free and compulsory. It had also observed that, according to UNICEF statistics on primary education, gross school enrolment rate was 92 per cent for the period 1998-2002, and 97 per cent of primary school entrants reached grade 5. The Committee had nevertheless noted that, according to the Government’s statement, primary education is free and compulsory only for nationals. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to provide information on the measures taken or envisaged to provide free primary education to non-nationals living in the UAE.

Article 8. International cooperation. The Committee had noted the Government’s indication that the UAE supports and provides assistance to poor, developing countries to combat poverty and promote education. The Committee once again asks the Government to provide further information on the support provided to other member States for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee had noted the Government's indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It once again asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part V of the report form. The Committee had noted that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/78/Add.2, 24 October 2001, paragraph 242), data is being collected on the situation of children in the Emirate of Sharjah and in the UAE as a whole. The Committee hopes that such data will include information on the number of children involved in the worst forms of child labour, the types of work performed by them, as well as an indication of the number of children withdrawn from the worst forms of child labour. It urges the Government to provide a copy of the data and to provide information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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The Committee notes the Government’s report and the communications of the International Confederation of Free Trade Unions (ICFTU) dated 31 August and 7 September 2005. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. 1. Sale and trafficking of children for camel racing. In its previous comments, the Committee observed that, according to the ICFTU’s communication dated 17 June 2004, children continued to be trafficked from countries such as Bangladesh, Pakistan, Sudan and Yemen for the purpose of camel racing in the United Arab Emirates. The ICFTU also indicated that, in 2004, Anti-Slavery International obtained pictures of dozens of camel jockeys who appeared to be aged 6 to 14 years. The ICFTU also highlighted that, between October 2003 and February 2004, several Bangladeshi boys aged 4 to 7 years were trafficked to the United Arab Emirates to work as camel jockeys. The Committee also noted the Government’s indication that it is "aware of the seriousness of the issue of the trafficking in children for use as camel jockeys which is incompatible with its obligations" under the Convention.

The Committee notes the ICFTU’s allegations that, in 2005, children as young as 5 years of age continue to be trafficked from Bangladesh, Pakistan, Sudan and Yemen to be used as camel jockeys in the United Arab Emirates. The ICFTU adds that, 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 United Arab Emirates to work as camel jockeys. The ICFTU also points out that, in September and October 2004, the Bangladesh National Women Lawyers’ Association provided Anti-Slavery International with details of cases involving several Bangladeshi children who had been trafficked to the United Arab Emirates to work as camel jockeys. These included eight boys who were between 3 and 12 years of age when trafficked. The ICFTU further indicates that, in some cases, parents themselves are involved in the trafficking of their child. The Committee observes that, according to the Special Rapporteur on the sale of children, child prostitution and pornography (E/CN.4/2005/78/Add.3, 8 March 2005, paragraph 7) "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". The Special Rapporteur’s report also indicates that children from Bangladesh, Pakistan and Sudan are trafficked to the United Arab Emirates to be used as camel jockeys (paragraphs 216, 217, 218 and 224).

The Committee notes that, according to the Government’s indication, section 346 of the Penal Code provides that "whoever brings into or out of the country any person with the intent to possess or dispose of that person and whoever possesses, purchases, sells, offers for sale or transacts in any manner any person as a slave shall be punished with provisional imprisonment". The Committee also notes with interest the recent adoption of Federal Law No. 15 of 2005 which prohibits the trafficking of girls and boys under 18 for camel racing.

The Committee notes that, although the national legislation appears to prohibit trafficking in human beings, the trafficking of children under 18 for camel racing very much remains an issue of concern in practice. The Committee urges the Government to take immediate and effective measures to enforce the law. It also asks the Government to provide information on the practical application of Law No. 15 of 2005.

2. Sale and trafficking of children for sexual exploitation. In its previous comments, the Committee noted the ICFTU’s allegations (communication dated 20 August 2003) that, according to a report of the International Organization for Migration (IOM) ("Shattered dreams - Report on trafficking in persons in Azerbaijan" of 2002), girls from Azerbaijan, the Russian Federation and Georgia, as well as other countries, are trafficked to the United Arab Emirates for sexual exploitation. It also noted the Government’s indication that section 346 of the Penal Code prohibits the trafficking of children. Section 363 of the Penal Code provides that it is prohibited to abet, entice or induce a male or a female to commit prostitution.

The Committee notes the Government’s indication that, out of the numerous court rulings concerning the sexual exploitation of women and children, only one case dealt with trafficking for sexual exploitation. The case involved persons from Kyrgyzstan, two Russians and three Uzbeks. The Government’s report does not provide further information on the measures taken to eliminate the trafficking of children for sexual exploitation. The Committee recalls that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children for sexual exploitation is considered to be one of the worst forms of child labour, and consequently is prohibited for children under 18. The Committee accordingly requests the Government to take the necessary measures to ensure that children under 18 years of age are not trafficked to the United Arab Emirates for commercial sexual exploitation.

Article 3. Clause (d). Hazardous work. In its previous comments, the Committee noted the conclusions of the Conference Committee on the Application of Standards in June 2003, according to which numerous underage children were used as camel jockeys. It also noted the concern expressed by the Conference Committee about the hazardous nature of this activity. It further noted the adoption of Order No. 1/6/266 of 22 July 2002, which prohibits the employment of children under 15 years of age and who weigh less than 45 kg as camel jockeys. Furthermore, the Committee noted the ICFTU’s indication that the use of children as jockeys in camel racing is extremely dangerous, and can result in serious injuries and even death. Some children are deprived of food and beaten by their employers. The ICFTU also highlighted that child jockeys are often separated from their families, and cannot speak Arabic; consequently, they are completely dependent on their employers and more likely to be exploited. The Committee further notes that the ICFTU indicates, in its most recent communication, that in 2005 child camel jockeys of 9 years of age were reported to start working at 4 a.m. and work seven days a week. Child jockeys are also reported to face injuries such as broken arms. The ICFTU draws attention to the case of Aslam, who was only 4 years old when his father offered his child’s services to work as a camel jockey for a sheikh. He worked five years for the sheikh. During that time he fell off the camel several times and suffered many injuries. The ICFTU further points out that Ansar Burney, President of the Ansar Burney Welfare Trust, a Pakistani lawyer and human rights defender acting against the exploitation of children as camel jockeys, has received death threats on a regular basis as a result of which he has had to move from Karachi to London.

The Committee notes the Government’s indication that section 1 of Federal Law No. 15 of 2005 prohibits children under 18 years of age from taking part in camel racing. The Committee asks the Government to provide information on the application in practice of the new Law No. 15 of 2005.

Article 5. Monitoring mechanisms. Police. The Committee noted previously that, according to the information provided by the Government to the direct contacts mission, inspections carried out by the police during camel racing have contributed to reducing the number of children trafficked to be used as camel jockeys. It also noted the ICFTU’s allegation that the prohibition to employ children under 15 years of age as camel jockeys was not properly enforced. Indeed, the ICFTU pointed out that, in a documentary broadcast by the Australian Broadcasting Corporation on 25 February 2003, the police were seen, during a camel race, escorting a group of very young camel jockeys on a bus while other officials attempted to stop the filming.

The Committee notes the Government’s indication that Ministerial Decree No. 41 of 2005 establishes a Special Commission, composed of policemen, who are responsible for: (i) controlling camel racing, considering the issue of child camel jockeys and responding effectively to any new problem faced in this regard; (ii) collecting information on the measures taken by neighbouring countries concerning camel racing; (iii) requesting the opinion of national as well as international experts on how to develop camel racing in line with international requirements; and (iv) making periodic recommendations on camel racing. The Government adds that it envisages training the police and other relevant bodies on child rights as laid down in international conventions. The Committee accordingly asks the Government to provide information on the activities of the Special Commission and its findings with regard to the age of child camel jockeys, their working conditions and the number of infringements reported. It also encourages the Government to take, without delay, concrete measures to ensure that the police receive adequate training to investigate effectively violations of the national provisions giving effect to the Convention, especially with regard to child trafficking and the use of children in hazardous work. It asks the Government to keep it informed of any progress made in this regard.

Article 7, paragraph 1. Penalties. 1. Trafficking of children for camel racing. In its previous comments, the Committee noted that the Government provided copies of three judicial rulings concerning the trafficking of children. It also noted that, according to the Government, section 346 of the Penal Code provides that whoever brings into or out of the country another person with the intent to possess or dispose of that person, and whoever possesses, purchases or sells a person as a slave, is liable to temporary imprisonment. The Committee notes that, according to the ICFTU’s most recent communication, the trafficking of young children aged 4 to 12 for camel racing has occurred each year for the last seven years, and is publicly known. The Committee notes the Government’s indication that, between 13 February 2005 and 3 May 2005, 93 child victims of trafficking were deported to their country of origin (69 to Pakistan, 19 to Sudan, three to Bangladesh, one to Mauritania and one to Eritrea). The Government’s report does not provide information on the measures taken against the traffickers.

The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. In this regard, the Committee notes  that the new Law provides for three years’ imprisonment or a minimum fine of 50,000 dirhams or both for persons who traffic in children under 18 years of age for camel racing. The Committee asks 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 this regard, it requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied under the new Law.

2. Trafficking of children for sexual exploitation. The Committee noted previously the Government’s indication that, by virtue of section 346 of the Penal Code, trafficking in human beings is punished by temporary imprisonment. Section 363 of the Penal Code provides that a person who incites or helps a person under 18 years of age to commit prostitution shall be liable to two years’ imprisonment and a fine.

The Committee notes the Government’s indication concerning court rulings related to the trafficking of women and children for sexual exploitation. It observes that only one case dealt specifically with the trafficking of children for prostitution; the others concerned non-United Arab Emirates women and children involved in prostitution. The Committee asks the Government to provide further information on the penalties imposed on nationals of the United Arab Emirates and of other countries for trafficking children under 18 years of age for commercial sexual exploitation.

3. Hazardoues conditions of child jockeys. The Committee noted previously the ICFTU’s allegation that, according to the information given by the Government itself to the direct contacts mission, prosecutions of those exploiting trafficked children in camel races were rare. The Committee notes the ICFTU’s allegations, in its most recent communication, that those exploiting camel jockeys are rarely prosecuted. It adds that, given the very public use of under-age camel jockeys and the fact that, according to the Government, the police carry out inspections during races, this is an extremely disappointing figure. According to the ICFTU, young child camel jockeys are found in al-Baraimmi in Oman and in al-Ain in the United Arab Emirates, where the owners of camel jockeys form part of the local elite and enjoy impunity. The Committee notes the Government’s indication that section 2 of Law No. 15 of 2005, stipulates that a person who recruits/uses a child under 18 years of age to take part in camel racing is liable to a maximum of three years’ imprisonment or a minimum fine of 50,000 dirhams or both. The Committee must nevertheless express its serious concern over reports that very young children have been, and continue to work, in hazardous conditions as camel jockeys in the United Arab Emirates. The Committee accordingly asks the Government to provide information on the measures taken under Law No. 15 of 2005 to ensure that persons who exploit child camel jockeys are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Article 7, paragraph 2. Time-bound and effective measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Child victims of trafficking for camel racing. In its previous comments, the Committee noted that the Committee on the Application of Standards of the International Labour Conference in June 2003 expressed its deep concern at the fact that numerous underage children were trafficked and enslaved as camel jockeys. It also noted that, by virtue of the Decision of the Ministry of the Interior, of 20 January 2003, on camel jockeys, a person who brings a child to the United Arab Emirates shall, together with the child, make a DNA test to ensure that he is the biological father. The test is made upon the arrival of the child and the accompanying adult to the country and is a prerequisite to obtain a residence permit. It also notes the Government’s indication that, from March to December 2003, 446 children took a DNA test, of whom 65 were found to have entered the country with a non-relative. The Government also indicates that sheltered housing was established to take care of child victims of trafficking before deporting them to their country of origin. It underlines that it signed an agreement with UNICEF in order to rehabilitate and protect child jockeys who were repatriated to their country of origin. The Committee asks the Government to provide information on the concrete measures taken pursuant to the agreement signed with UNICEF to rehabilitate and protect child victims of trafficking to be used as camel jockeys and the number of children who benefited from these measures.

2. Child victims of trafficking for sexual exploitation. The Committee noted previously the ICFTU’s indication that the authorities of the United Arab Emirates make no distinction between prostitutes and victims of trafficking for sexual exploitation, all of whom bear equal criminal responsibility for involvement in prostitution. The ICFTU pointed out that trafficked persons were consequently not treated as victims and were not supported or protected.

The Committee observes that, according to the information provided by the Government, 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. The Committee recalls that, by virtue of Article 7, paragrah 2(b), of the Convention, the Government shall take effective and time-bound measures to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee strongly encourages the Government to ensure that children trafficked to the United Arab Emirates for commercial sexual exploitation are treated as victims rather than offenders. It requests the Government to take measures to ensure the rehabilitation and social integration of child victims of trafficking for sexual exploitation.

Article 8. International cooperation. In its previous comments, the Committee noted that the Ministry of the Interior contacted countries where child victims of trafficking originate. According to the Government, it contributed to reducing the number of children trafficked to the United Arab Emirates to work as camel jockeys. Thus, cooperation between the United Arab Emirates and countries of origin of trafficked children resulted in the repatriation to Pakistan of 86 children working as camel jockeys in 2002, and 21 children in early 2003. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/SR.795, Summary Record, 10 June 2002) that it was willing to cooperate with other countries if camel racing was causing concern to the international community.

The Committee notes that the ICFTU is of the view that the United Arab Emirates could provide support to poor countries from which child victims of trafficking originate. It also notes the absence of information in the Government’s report on the countries with which it has cooperated to eliminate the trafficking of children, the types of cooperative measures taken and the results achieved. The Committee strongly encourages the Government to cooperate with other countries to eliminate child trafficking and asks the Government to keep it informed of any progress made in this regard.

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

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The Committee takes note of the Government’s first report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Clause (a). 1. All forms of slavery or practices similar to slavery. The Committee notes that, according to article 34 of the Constitution of 1971, slavery is prohibited. It also notes the Government’s indication that, by virtue of section 346 of the Penal Code, it is an offence to possess, purchase, or sell a person as a slave. The Committee requests the Government to provide a copy of the Penal Code.

2. Forced or compulsory labour. The Committee notes the Government’s indication that, by virtue of section 347 of the Penal Code, it is an offence to compel a person to work either for free or in return of payment.  It also observes that article 34 of the Constitution of 1971 provides that forced labour is prohibited except in certain circumstances provided for by the Law and in return for compensation. The Committee recalls that Article 3(a) of the Convention prohibits all forms of slavery or practices similar to slavery such as the forced or compulsory labour of children under 18 years. The Committee requests the Government to provide information on the exceptional circumstances under which forced labour is permitted.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that article 139 of the Constitution provides that military service is regulated by law. The Committee recalls that, according to Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour and shall therefore be prohibited for children under 18 years of age. The Committee consequently requests the Government to provide a copy of the legislation prohibiting the forced or compulsory recruitment of children under 18 years of age for use in armed conflict and the applicable penalties.

Clause (b). 1. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s indication that, by virtue of section 363 of the Penal Code, it is an offence to incite or help a man or a woman to commit prostitution or immoral acts. According to the Government, section 365 of the Penal Code provides that a person who keeps or runs a brothel or a place where immoral acts are committed, commits a criminal offence. The Government further states that, by virtue of section 366 of the Penal Code, it is prohibited to exploit, by any means, the prostitution of a person or take advantage of the immoral acts committed by that person. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances is considered to be one of the worst forms of child labour, and is therefore prohibited. The Committee asks the Government to provide information on the meaning of "immoral acts" under the abovementioned provision of the Penal Code and to provide examples of such acts. It also asks the Government to indicate the legal provisions that clearly prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s indication that section 42 of Federal Law No. 4 of 2002 concerning money laundering provides that a person, who exposes a juvenile to vagabondage and delinquency or incites him/her to commit an offence, commits a crime. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee asks the Government to take the necessary measures to ensure that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is prohibited and that appropriate penalties are laid down in the law.

Article 3. Clause (d). Hazardous work. The Committee notes that, by virtue of sections 24 and 29 of Federal Law No. 8 of 1980 on Labour Relations, young persons under 17 years of age and women, irrespective of their age, shall not be employed on dangerous, arduous or unhealthy occupations. According to sections 23 and 27 of Federal Law No. 8 of 1980, young persons under 17 years of age and women shall not be employed at night (i.e. a period of 12 consecutive hours which include at least the period from 8 p.m. to 7 a.m. for young persons and women shall not be employed at night (i.e. a period of at least 11 consecutive hours that include the period from 10 p.m. to 7 a.m. for women). The Committee also notes the Government’s indication that it has drafted a project to amend Federal Law No. 8 of 1980 so as to prohibit the employment of young persons under 18 years of age in hazardous occupations. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, the Government shall take the necessary measures to ensure that no children under 18 perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly requests the Government to take, without delay, the necessary measures to ensure Federal Law No. 8 of 1980 on Labour Relations is amended so as to prohibit the employment of young persons under 18 years of age in hazardous work.

Domestic workers and agricultural workers. The Committee notes that young persons under 17 years of age shall not be employed in hazardous work (section 24 of Federal Law No. 8 of 1980 on Labour Relations). However, it observes that, by virtue of section 3 of Federal Law No. 8 of 1980 on Labour Relations as amended by Federal Law No. 24 of 1981, the following workers are 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 requests the Government to take the necessary measures to ensure that domestic workers and all agricultural workers under 18 years of age do not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that Ministerial Decree No. 6/1 of 1981, taken pursuant to Federal Law No.  8 of 1980 on Labour Relations, provides for a detailed list of types of work that are likely to harm the heath, safety or morals of females. The Committee notes, for instance, that women, irrespective of their age, shall not be employed in the following occupations: (i) underground work; (ii) glass melting and blowing; (iii) fireworks industries; (iv) asphalts works; (v) work in tanneries; (vi) loading and unloading material in the docks; (vii) making metallic compositions containing more than 10 per cent lead; and (viii) work in bars.

Noting the absence of a list of types of hazardous work that males under 18 years of age shall not perform, the Committee reminds the Government that, by virtue of Article 3(d) of the Convention, the Government shall take the necessary measures to ensure that no male or female under 18 years of age performs work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee also reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation 1999 (No. 190). In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia to: (i) work which exposes children to physical, psychological or sexual abuse; (ii) work underground, underwater, at dangerous heights or in confined spaces; (iii) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (iv)  work in unhealthy environments which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (v) work under particularly difficult conditions such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer.

The Committee accordingly requests the Government to take without delay, the necessary measures to ensure that a list determining the types of hazardous work that shall not be performed by boys and girls under 18 years of age, will be adopted shortly, in consultation with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190, and not limit its consideration to work performed in factories. The Committee requests the Government to inform it of any developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Article 4, paragraph 3. Periodic examination of the list of hazardous work. The Committee observes that neither Ministerial Decree No. 6/1 of 1981 establishing the list of hazardous work prohibited for females nor Federal Law No. 8 of 1980 on Labour Relations provide for the periodic examination and revision as necessary of the list of types of hazardous work prohibited for females. The Committee reminds the Government that, by virtue of Article 4, paragraph 3, of the Convention, the list of the types of hazardous work shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the periodic examination of the list of hazardous work that females shall not undertake, and on consultations held thereon with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes that, by virtue of section 1 of Ministerial Order No. 44/1 of 1980, labour inspectors are responsible for supervising the proper implementation of labour laws, and in particular the provisions regulating the employment of young persons and women. They shall also inform the competent authorities of any loopholes in the law. According to section 2 of Decree No. 44/1 of 1980, labour inspectors shall periodically inspect the establishments covered by Federal Law No. 8 of 1980 on Labour Relations, receive complaints on violations of the provisions of the Federal Law and carry on relevant investigations. The Committee observes that labour inspectors are explicitly in charge of carrying out night inspections to check the working hours and employment of young persons and women (section 2(e) of Ministerial Decree No. 44/1 of 1980). Labour inspectors shall also prepare a monthly statistical statement which includes the number of inspections carried out, the number of establishments inspected, the number of complaints investigated, as well as the number of judicial proceedings (section 12 of Ministerial Decree No. 44/1 of 1980). The Committee requests the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per month, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. Joint committee for monitoring the implementation of legal provisions giving effect to the Convention. The Committee notes the Government’s indication that a joint committee composed of the Ministry of Labour and Social Affairs and the Ministry of Interior was set up to coordinate the application of the laws and regulations implementing the Convention. It further indicates that tripartite consultations were held between the Ministry of Labour and Social Affairs, the Federation of Trade and Industry and the Coordination Society of Occupational Associations, to discuss the obligations of the Government under the Convention. The Committee requests the Government to provide further information on the concrete measures taken by the joint committee to monitor the implementation of the laws and regulations concerning the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on this point. The Committee reminds the Government that, by virtue of Article 6 of the Convention, the Government shall design and implement programmes of action to eliminate as a matter of priority the worst forms of child labour. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in the United Arab Emirates.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s indication that, by virtue of section 346 of the Penal Code, a person who possesses, purchases, or sells a person as a slave is liable to temporary imprisonment. A person who compels a person to work is liable to one year’s imprisonment and a maximum fine of 10,000 Dirham (section 347 of the Penal Code). The Government also indicates that, by virtue of section 363 of the Penal Code, a person who incites or helps a person under 18 years of age to commit prostitution or an act of debauchery shall be liable to two years’ imprisonment and a fine. According to the Government, section 365 of the Penal Code provides that a person who keeps or runs a brothel or a place where immoral acts are committed is liable to temporary imprisonment. The Government further indicates that, by virtue of section 366 of the Penal Code, a person who exploits, by any means, the prostitution of a person or takes advantage of the immoral acts committed by that person, is liable to five years’ imprisonment. The sentence will be aggravated if the victim is a young person. It also notes the Government’s indication that section 42 of Federal Law No. 4 of 2002 concerning money laundering provides that a person who exposes a juvenile to vagabondage and delinquency or incites him/her to commit an offence, commits a crime. The Committee asks the Government to provide information on the penalties imposed under section 42 of Federal Law No. 4 of 2002.

The Committee observes that section 34 of Federal Law No. 8 of 1980 on Labour Relations states that the following persons shall incur criminal liability in respect of violation of chapters 2 and 3 (on the employment of young persons and females) the aforementioned Law: (a) employers or their representatives; and (b) the guardians of young persons, if they consent to the employment of young persons or women contrary to the provisions of Federal Law No. 8 of 1980. The Committee also observes that Ministerial Decree No. 6/1 of 1981 listing the types of hazardous work that females shall not perform, does not provide for penalties. The Committee recalls that by, virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee accordingly requests the Government to provide information on the applicable penalties for a person who employs young persons under 18 in breach of Federal Law No. 8 of 1980 and regulations based on it, as well as a copy of the relevant provisions.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, by virtue of section 1 of Federal Law No. 11 of 1972 on Compulsory Education, primary education is free and compulsory. It also observes that, according to UNICEF statistics on primary education, 98 per cent of children of primary school age were attending classes in 1999. The Committee nevertheless notes that, according to the Government’s statement, primary education is free and compulsory only for nationals. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to provide information on the measures taken or envisaged to provide free primary education to non-national children living in the United Arab Emirates.

Article 8. International cooperation. The Committee notes that the United Arab Emirates is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes the Government’s indication that the United Arab Emirates supports and provides assistance to poor, developing countries to combat poverty and promote education. The Committee asks the Government to provide further information on the support provided to other member States for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the Government's indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/78/Add.2, 24 October 2001, paragraph 242), data is being collected on the situation of children in the Emirate of Sharjah and in the United Arab Emirates as a whole. The Committee hopes that such data will include information on the number of children involved in the worst forms of child labour, the types of work performed by them, as well as an indication of the number of children withdrawn from the worst forms of child labour. It requests the Government to provide a copy of the data and to provide information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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The Committee takes note of the Government’s first report, and of the communications of the International Confederation of Free Trade Unions (ICFTU) dated 2 September 2002, 20 August 2003 and 17 June 2004. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the issues of trafficking of children can be examined more specifically under this Convention. The Committee requests the Government to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). Slavery and practices similar to slavery. 1. The sale and trafficking of children for camel racing. In its previous comments, the Committee had noted the Government’s indication that it is "aware of the seriousness of the issue of the trafficking in children for use as camel jockeys which is incompatible with its obligations" under the Convention. The Government also acknowledged that the present legal and practical measures adopted in this respect are insufficient to prevent completely the trafficking of children for the purpose of camel racing.

The Committee observes that, according to the ICFTU’s communication dated 17 June 2004, children continue to be trafficked from countries such as Bangladesh, Pakistan, Sudan and Yemen for the purpose of camel racing in the United Arab Emirates. The ICFTU indicates that, in 2004, Anti-Slavery International obtained pictures of dozens of camel jockeys who appeared to be aged 6-14 years. The photographs were taken in January 2004 at the Nad Al Sheba Race course in Dubai. The ICFTU also highlights that, between October 2003 and February 2004, several Bangladeshi boys aged 4-7 years were trafficked to the United Arab Emirates to work as camel jockeys. Among these children, eight boys are still thought to be working as camel jockeys.

The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children under 18 for labour exploitation is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee expresses its serious concern about the situation of children who are trafficked to the United Arab Emirates to work as camel jockeys. The Committee accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to ensure that no children under 18 years are trafficked to the United Arab Emirates for labour exploitation, including camel racing. The Committee asks the Government to provide information on progress made in this regard.

2. The sale and trafficking of children for sexual exploitation. In its communication dated 20 August 2003, the ICFTU indicates that, according to a report of the International Organization for Migration (IOM) ("Shattered dreams - Report on trafficking in persons in Azerbaijan" of 2002), girls are trafficked to the United Arab Emirates for sexual exploitation. The girls involved originate from Azerbaijan, The Russian Federation and Georgia, as well as other countries. Referring to the IOM report, the ICFTU states the authorities of the United Arab Emirates make no distinction between prostitutes and victims of trafficking, all of whom bear equal criminal responsibility for involvement in prostitution. The ICFTU points out that trafficked persons are consequently not treated as victims and are not supported or protected.

The Committee notes the Government’s indication that section 346 of the Penal Code states that "whoever brings into or out of the country any person with the intent to possess or dispose of that person and whoever possesses, purchases or sells a person as a slave commits an offence". Section 363 of the Penal Code provides that it is prohibited to abet, entice or induce a male or a female to commit prostitution.

The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children under 18 for sexual exploitation is considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly invites the Government to take, without delay, the necessary measures to ensure that children under 18 years of age are not trafficked to the United Arab Emirates for sexual exploitation.  It also asks the Government to take the necessary measures to ensure that children trafficked for sexual exploitation are treated as victims rather than offenders. Finally, it requests the Government to provide information on effective measures taken or envisaged to remove children who are trafficked for sexual exploitation from prostitution and to provide for their rehabilitation and social integration.

Clause (d). Hazardous work. In its previous comments, the Committee had noted the conclusions of the Conference Committee on the Application of Standards in June 2003, according to which numerous underage children continue to be used as camel jockeys. It had also taken note of the concern expressed by the Conference Committee about the hazardous nature of this activity. It had further noted the adoption of Order No. 1/6/266 of 22 July 2002 which prohibits the employment of children under 15 years of age and who weigh less than 45 kg as camel jockeys.

In its communication dated 20 August 2003, the ICFTU indicates that the use of children as jockeys in camel racing is extremely dangerous, and can result in serious injuries and even death. Some children are deprived of food and beaten by their employers. The Committee notes the ICFTU’s indication that child jockeys are often separated from their families, and cannot speak Arabic; consequently, they are completely dependent on their employers and more likely to be exploited.

The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, the Government shall take the necessary measures to ensure that no children under 18 years of age perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that camel jockeys under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety.

Article 5. Monitoring mechanisms. Police. In its previous comments, the Committee had noted the Government’s indication to the direct contacts mission that inspections carried out by the police during camel racing have contributed to reducing the number of children trafficked to this end.

In its communication dated 17 June 2004, the ICFTU indicates that there is evidence that the prohibition to employ children under 15 years of age as camel jockeys is not properly enforced. Indeed, it points out that in a documentary broadcast by the Australian Broadcasting Corporation on 25 February 2003, the police were seen, during a camel race, escorting a group of very young camel jockeys on a bus while other officials attempted to stop the filming.

Noting the absence of information in the Government’s report on this point, the Committee requests the Government to provide its observations on the ICFTU’s comments. The Committee also requests the Government to provide information on the number of investigations conducted by the police, the places investigated and the number of offences registered. It also asks the Government to provide information on the concrete measures taken to train the police in investigating child trafficking issues and the use of underage camel jockeys.

Article 7, paragraph 1. Penalties. 1. Trafficking of children for camel racing. In its previous comments, the Committee had noted that the Government provided copies of three judicial rulings concerning the trafficking of children. The first ruling in November 2002 concerned a national of Sudan, a trainer of camel jockeys, who was convicted to three months’ imprisonment for the accidental death of a juvenile jockey. Another ruling, dated 13 December 2002, convicted two nationals of Pakistan to three years’ imprisonment for the abduction and sale of two children. A third ruling of 14 May 2003, convicted a national of Sudan to three months’ imprisonment and deportation for the falsification of a passport indicating that the two young persons were his sons. The Committee notes that, according to the Government, section 346 of the Penal Code states that whoever brings into or out of the country another person with the intent to possess or dispose of that person, and whoever possesses, purchases or sells a person as a slave, is liable to temporary imprisonment.

In its communication dated 17 June 2004, the ICFTU states that the trafficking of young children aged 4-12 for camel racing has occurred each year for the last six years, and is publicly known. However, the ICFTU points out that, according to the information given by the Government itself to the direct contacts mission, prosecutions of those exploiting trafficked children in camel races remain rare.

The Committee reminds the Government that, by virtue of Article 7, paragraph 1 of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee accordingly asks the Government to provide information on the measures taken to ensure that persons who exploit children in camel racing are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It also asks the Government to continue to provide information on court rulings related to the trafficking of children for labour exploitation as well as the penalties imposed.

2. The trafficking of children for sexual exploitation. The Committee notes the Government’s indication that, by virtue of section 346 of the Penal Code, a person who brings another person into a country or takes him/her out of the country, with the intent to take possession or dispose of that person, is liable to temporary imprisonment. The Government also indicates that, by virtue of section 363 of the Penal Code, a person who incites or helps a person under 18 years of age to commit prostitution shall be liable to two years’ imprisonment and a fine. The Committee asks the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Time-bound and effective measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. In its previous comments, the Committee had noted that the Committee on the Application of Standards, at the International Labour Conference in June 2003, expressed its deep concern about the fact that numerous underage children were trafficked and enslaved as camel jockeys. It had also noted that the Government accepted to receive a direct contacts mission from 18 to 22 October 2003 as recommended by the Conference Committee. It had further noted that, according to the report of the direct contacts mission, the measures adopted to combat the trafficking of children included the adoption of the Decision of the Ministry of Interior of 20 January 2003, which prohibits the employment of children under 15 years of age as camel jockeys. This decision compels a person who claims to be the parent of a camel jockey under 15 years of age to undertake DNA tests to establish their relationship thereby preventing children from entering the country and living with persons who brought the children to the United Arab Emirates for the purpose of exploiting them as camel jockeys. The Government provided the mission with a list of 42 camel jockeys who were repatriated in compliance with the Decision of the Ministry of Interior of 20 January 2003. The Committee asks the Government to continue to provide information on effective and time-bound measures taken to eliminate the trafficking of children for camel racing and the results achieved.

Article 8. International cooperation. In its previous comments, the Committee had noted that the Ministry of Interior contacted countries where child victims of trafficking originate. According to the Government, it has contributed to reducing the number of children trafficked to the United Arab Emirates to work as camel jockeys. Thus, cooperation between the United Arab Emirates and countries of origin of trafficked children resulted in the repatriation to Pakistan of 86 children working as camel jockeys in 2002, and 21 children in early 2003. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/SR.795, Summary record, 10 June 2002) that it was willing to cooperate with other countries if camel racing was causing concern to the international community. The Committee asks the Government to provide information on the countries with which it has cooperated to eliminate the trafficking of children to work as camel jockeys, the types of cooperative measures taken and the results achieved.

Part IV of the report form. The Committee requests the Government to provide a copy of available data on the trafficking of children for camel racing and sexual exploitation, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the extent and trends of this form of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Noting the Government’s statement that the present legal and practical measures adopted are insufficient to prevent completely the trafficking of children for the purpose of camel racing, the Committee reminds the Government that it may avail itself of ILO technical assistance for this purpose.

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