Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 29) sur le travail forcé, 1930 - Emirats arabes unis (Ratification: 1982)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and penalties. The Committee previously requested the Government to take the necessary measures to ensure the adoption of amendment to Federal Act No. 51 of 2006 on human trafficking.

The Committee takes due note of the adoption of Amendment No. 1 of 2015 to Federal Act No. 51 of 2006. Section 1 of the Amendment provides for a broad definition of “exploitation” to cover sexual exploitation, forced labour, servitude, enslavement, and quasi-slavery practices. Such offences are punishable under section 2 with a penalty of imprisonment for a term of no less than five years, or life imprisonment for aggravated cases, involving for instance children. The Committee notes the Government’s indication that under the new amendment, the functions of the National Committee to Combat Human Trafficking include, among others, the preparation of a National Strategy to combat trafficking in persons, the development of a database on trafficking in persons, as well as the development of adequate mechanisms to identify victims of trafficking in persons. The Committee further notes the statistical information provided by the Government regarding the number of cases of trafficking in persons brought before the courts in 2014 and 2015. In 2015, 17 criminal cases were registered for sexual exploitation, involving 24 victims and 54 traffickers who were arrested. Final decisions have been issued for three cases, resulting in sanctions of three to five years imprisonment. The Committee encourages the Government to pursue its efforts to prevent, suppress and punish trafficking in persons. It requests the Government to continue to provide information on the application in practice of the provisions of the 2015 Amendment, and to indicate the results achieved in combatting trafficking in persons. It also requests the Government to indicate whether a National Strategy to combat trafficking in persons has been adopted, as required under the 2015 Amendment, and to provide a copy in its next report. Finally, the Committee requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and specific penalties imposed in cases of trafficking in persons.

2. Assistance and protection of victims. The Committee previously requested the Government to strengthen its efforts to ensure appropriate protection and assistance to all victims of trafficking, male and female.

The Committee notes the Government’s indication that there are two major shelters in the country in Iwa and Dubai that are providing assistance to male and female victims of trafficking, such as legal services, health and rehabilitation services and translation services, as well as educational training sessions. The Government also indicates that in 2015 the Iwa shelter provided assistance to 17 victims of trafficking ranging from 19 to 25 years of age. This assistance included being informed of their rights, and the possibility of participating in criminal proceedings against traffickers through the shelter services. Moreover, the safe and voluntary return of victims is ensured through cooperation with their relevant embassies and victims are exempted from paying fines for violation of the residency law. Lastly, the Government refers to several training activities and workshops that have been carried out for labour inspectors with regard to victim identification. Ten labour inspectors benefited from a training workshop in the Turin Training Centre, and in 2015, labour inspectors undertook 7,831 visits to companies in order to raise awareness of 203,584 migrant workers about the Anti Trafficking Act.

The Committee also notes that in its 2015 concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) although welcoming the measures adopted by the Government to combat trafficking (such as the 2012 and 2015 amendments to Federal Law No. 51 of 2006 on Combating Human Trafficking, and the availability of a hotline and of shelters for women and girls who are victims of trafficking), expressed its concerned that the State party remains a country of destination and transit for women trafficked predominantly from South, South-East and Central Asia and Eastern Europe for purposes of forced labour and sexual exploitation. It was also concerned that the penalties provided for in Federal Law No. 51 are not commensurate with the gravity of the crime and that efforts to prosecute and convict traffickers and their accomplices remain insufficient, especially in cases of trafficking for the purpose of forced labour and sexual exploitation. The Committee also notes CEDAW’s concern about cases of victims of trafficking being deported by force instead of being provided with the support needed (CEDAW/C/ARE/CO2-3, paragraph 31). The Committee encourages the Government to strengthen its efforts to ensure that victims of trafficking are provided with adequate protection. It also requests the Government to continue to provide information on the measures taken to identify, to provide protection and to assist victims of trafficking, including statistical data on the number of persons benefiting from these services.