Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Emirats arabes unis (Ratification: 1997)

Autre commentaire sur C105

Observation

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views. 1. Federal Law No. 15 of 1980. In its previous comments, the Committee noted that Federal Law No. 15 of 1980 governing publications and publishing imposes penal sanctions of imprisonment (involving compulsory labour) in accordance with sections 86 and 89 of the Law, for the violation of the following provisions:

-section 70: prohibition upon criticizing the Head of State of the Republic or the rulers of the Emirates;
-section 71: prohibition on publishing documents harmful to Islam, or to the Government, or to the country’s interests or the basic systems on which society is founded;
-section 76: prohibition on publishing material containing information shameful to the Head of State of an Arab or Muslim country or a country with friendly ties, as well as material which may threaten the ties of the country with Arab, Muslim or friendly countries;
-section 77: prohibition on publishing material which causes an injustice to Arabs or constitutes a misrepresentation of Arab civilization or cultural heritage;
-section 81: prohibition on publishing material which harms the national currency or causes confusion over the economic situation of a country.

The Committee observes that the application of these provisions is not limited to acts of violence (or incitement to violence), armed resistance or uprising, but allows punishment involving the obligation to work to be imposed for the peaceful expression of opinions contrary to the Government’s policy and the established political system. In this regard, with reference to its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour “as a means of political coercion or as a punishment for holding political views or views ideologically opposed to the established political, social and economic system”. While the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, sanctions of imprisonment (involving compulsory labour) are not in conformity with the Convention if they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system (paragraphs 302–303).

The Committee notes the Government’s indication that the draft law regulating media activities is currently in the last stage prior to promulgation. Section 2 of this draft law specifies that freedom of opinion and expression, whether reflected orally or by any other means, is guaranteed by the law. The Committee also notes that Chapter 6 of the draft law lays down financial penalties in case of a violation of any provision and does not include any penalties which restrict or deprive freedom. Lastly, the Committee notes the Government’s indication that the draft law will repeal, in sections 31 and 32, the penalty of imprisonment specified for the violation of the abovementioned provisions of Federal Law No. 15 of 1980 on publications and publishing.

The Committee accordingly hopes that within the framework of the adoption of the draft law on media activities, the Government will take the necessary measures to ensure that no sanctions involving compulsory labour can be imposed for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee also requests the Government to provide information on any progress made in the adoption of this draft law, as well as a copy of the text once adopted.

2. Penal Code. Over a number of years, the Committee has been drawing the Government’s attention to the incompatibility with the Convention of certain provisions of the Penal Code which prohibit the establishment of an organization or the convening of a meeting or conference for the purpose of attacking or mistreating the foundations or teachings of the Islamic religion, or calling for the observance of another religion, with such offences being punishable with imprisonment for a maximum period of ten years (sections 317 and 320). It also referred to sections 318 and 319 of the Penal Code pursuant to which a prison sentence could be imposed involving an obligation to work, on any person who is a member of an association specified in section 317, who challenges the foundations or teachings of the Islamic religion, proselytizes another religion or advocates a related ideology.

The Committee notes the Government’s detailed explanations on the purpose of employing convicted persons referred to in Law No. 43 of 1992, which regulates penitentiaries. The Government indicates that the law does not include an obligation of employing a specific category of prisoners, as any person sentenced to a penalty which deprives him of his liberty carries out work for the purpose of rehabilitation.

The Committee recalls that in the great majority of cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance on the application of the Convention, such as in the cases of the exaction of compulsory labour from common offenders convicted, for example, of robbery, kidnapping or other acts of violence or of having endangered the life or health of others, or numerous other offences. However, if a person is required to perform compulsory prison labour following a conviction under sections 317 and 320 for the holding or expression of certain political views or views ideologically opposed to the established political and social system, the situation is incompatible with the Convention which prohibits the imposition of any form of forced or compulsory labour as a sanction in these circumstances.

The Committee therefore once again expresses its firm hope that appropriate measures will be taken to bring sections 317–320 of the Penal Code into conformity with the Convention and that, pending the adoption of such measures, the Government will provide information on the application of sections 317–320 in practice, including copies of any relevant court decisions, indicating the penalties imposed.

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