Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

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.