Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

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.