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

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.