Observación (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

Trafficking of children and their use as camel jockeys

In its previous observation, the Committee requested the Government to take without delay all the necessary measures to eradicate the trafficking of children to the United Arab Emirates for use as camel jockeys and to punish those responsible.

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) in its communication of 20 August 2003, which were forwarded to the Government. In its comments, the ICFTU refers to the persistence of the trafficking of children to the United Arab Emirates and refers, among other examples, to the case reported by Ansa Burney Welfare Trust International (ABWTI) of two brothers aged 10 and 8 years, Niamat Ali and Shaukat Ali, who were being used as camel jockeys in Abu Dhabi. Both were repatriated to Pakistan in November 2002.

The Committee notes the discussion in the Committee on the Application of Standards at the International Labour Conference in June 2003. In its conclusions, the Conference Committee on the Application of Standards expressed its deep concern about the fact that numerous underage children continued to be used as camel jockeys, which is an intrinsically hazardous activity, and at "child trafficking and enslavement, a situation which clearly violated" the Convention and it recommended the Government to accept a direct contacts mission. The Government representative of the United Arab Emirates accepted the recommendation and the mission visited the country from 18 to 22 October 2003. The Committee also notes the report of the direct contacts mission. The Committee notes that the members of the mission had the opportunity to meet high-level officials from the Ministries of Labour and Social Affairs, Justice, Foreign Affairs and the Interior, as well as the Commander General of the police forces of Dubai, the Director-General of the Camel Races Union and the Secretary-General of the Professional Associations Coordinating Committee.

According to the report of the direct contacts mission, the measures adopted to combat the trafficking of children include a decision by the Ministry of the Interior of 20 January 2003. This decision obliges persons who claim to be the parents of young persons of 15 years of age and less who are involved in camel races, to undergo an ADN examination to establish their relationship with the young person and thereby prevent children from entering the country and living with persons who falsely claim to be their parents and who have brought the children to the United Arab Emirates for the purposes of exploiting them for use in camel races. This is an indispensable requirement in order to obtain a residence permit and in the event of violations those responsible are liable to legal action. The direct contacts mission received a list of 42 camel jockeys who were deported in compliance with this provision.

The report of the direct contacts mission, also indicates that the Government considers that the above ministerial decision has reduced by half the number of visa applications and appears to be having a dissuasive effect. The Government also informed the mission that the communication that has been established between the Ministry of the Interior and the embassies of the United Arab Emirates in countries which "export" camel jockeys, as well as the inspections carried out by the police during races, are measures which have contributed to reducing cases of the trafficking of children to the United Arab Emirates. With reference to this issue, the Committee notes that in its comment the ICFTU refers to a press release by the Embassy of Pakistan in May 2003 indicating that the Embassy has received the full collaboration of the Government of the United Arab Emirates to combat the exploitation of children as camel jockeys, that 21 children were repatriated in recent weeks and that 86 were repatriated the previous year.

In its previous observation, the Committee noted the measures adopted in 2002 concerning the prohibition of the employment of young persons under 15 years of age and whose weight is under 45 kg as camel jockeys (Order No. 1/6/266), the requirement of a medical certificate and the penalties which may be imposed for violations.

With reference to penalties, the direct contacts mission received copies of three judicial rulings. One of them, dated 13 December 2002, convicted two nationals of Pakistan to three years’ imprisonment for the abduction and sale of two children. A second 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 third ruling in November 2002 concerned another national of Sudan, a trainer of camel jockeys, who was convicted to three months’ imprisonment for the accidental death of a jockey (the age of the jockey is not specified). The Committee hopes that, in accordance with Article 25 of the Convention, the penalties imposed by law are strictly enforced and are adequate. This requirement implies that penalties should also be imposed upon persons who, through their involvement in camel races in any form, have knowledge of and tolerate such practices to obtain benefits of any nature. The Committee hopes that the Government will continue to provide information on the penalties imposed upon those responsible for the trafficking of children for use as camel jockeys.

The Committee notes the information contained in the report of the direct contacts mission that the Government 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 and that the Government also acknowledges "that the present legal and practical measures adopted in this respect are insufficient to prevent completely the trafficking of children (...) for work as camel jockeys". In this respect, the Committee notes the recommendations made by the direct contacts mission, including:

-  the need to adopt provisions prohibiting the employment of young persons under 18 years of age as camel jockeys and establishing severe penalties for those responsible for trafficking children for this purpose;

-  the establishment of a federal inspection system to identify and combat trafficking in children;

-  the adoption of common guidelines for the Gulf region concerning camel races, which are considered to be part of the cultural heritage of the countries of the region.

In view of the close relationship between measures with regard to the minimum age for employment as camel jockeys and the measures to combat the trafficking of children for this purpose, the Committee hopes that the Bill to establish the minimum age of 18 years for employment as camel jockeys, which is currently under examination by the competent authorities, will be adopted in the near future and requests that it be provided with a copy of the Act once it has been adopted.