UNITED NATIONS

CERD

International Convention on the Elimination of all Forms of Racial Discrimination

Distr.

GENERAL

CERD/C/ARE/Q/12-17*

11 August 2009

Original: ENGLISH

COMMITTEE ON THE ELIMINATION

OF RACIAL DISCRIMINATION

Seventy-fifth session

Geneva, 3 August – 28 August 2009

QUESTIONS BY THE RAPPORTEUR

IN CONNECTION WITH THE CONSIDERATION OF

THE TWELFTH TO SEVENTEETH PERIODIC REPORTS OF THE

UNITED ARAB EMIRATES

General information

Please elaborate on the information provided in paragraph 13 of the State report by providing statistical data on the ethnic composition of the State party’s population, both national and non-national.

Questions relating to articles 1 to 7 of the Convention

Article 1

Please specify the legislative provisions enunciating the principle of equal rights and obligations and the prohibition of all forms of racial discrimination, as referred to in paragraph 68 of the State report.

Please provide further detail as to the steps taken to strengthen the judiciary, as referred to in paragraph 70 of the State Party report? What means are used to safeguard the independence of the judiciary?

Article 2

Please provide further information on plans for the establishment of an independent national human rights institution in accordance with the Paris Principles, as referred to by the State party delegation during the Universal Periodic Review at the tenth session of the Human Rights Council.

What bodies exist to monitor possible discriminatory practices in access to health, education or leisure facilities?

Article 5

With reference to the Abu Dhabi GCC Conference on Contractual Labour in January 2008, please indicate which measures have been taken, besides those mentioned in paragraphs 113 to 134 of the State party report, to further improve the working and living conditions of migrant workers, especially in the construction sector?

In this context, also please indicate if labour cities like the workers’ housing complex project with projected accommodation for 32,000 workers in Abu Dhabi, referred to in paragraph 140 of the State report, have been completed. If so, how many such projects have been completed?

What measures have been taken to verify that contractual arrangements, in particular those made through foreign recruitment agencies, follow basic principles of fairness and equity? What measures have been taken to ensure that fees charged by these agencies do not leave employees in debt for prolonged periods?

Has the State party taken any measures against the practice by which migrant workers’ passports are retained by employers?

According to paragraph 132 of the State report, the State party has elaborated a standard employment contract for domestic workers. Does this contract include the right to a weekly day of rest and provisions on specified working hours and paid vacations? In this context, please also provide further information on the new law to protect domestic workers, referred to by the State party delegation during the Universal Periodic Review at the tenth session of the Human Rights Council, and on a timeframe for its coming into force.

Please provide further information on a timeframe for the procedures to grant nationality to stateless residents (“Bidun”), referred to in paragraph 98 of the State report.

Please also indicate whether the State party has taken any measures to improve the situation of discrimination against the remaining “Bidun” on the labor market.

Please indicate whether the State party considers amending the nationality law to enable a female citizen married to a foreign man to pass on her nationality to their children. In this regard, please further elaborate on the information provided in paragraph 97 of the State report.

Has the State party taken any measures, as recommended by the Committee of the Rights of the Child, to ensure that all children within its jurisdiction, including non-national children, enjoy equal economic and social rights, particularly to health and education?

Do any distinctions, preferences or prejudices exist within the UAE citizenship, for example on the grounds of ethnic background or colour of skin? If so, please indicate whether the State party has taken any measures to address such distinctions, preferences or prejudices.

Article 6

Please specify what status the Convention enjoys in the domestic legal order and if it can be invoked directly before national Courts. If so, please provide examples of cases, if any, in which the Convention was directly applied by domestic Courts.

What provisions exist to ensure that foreigners can benefit from legal assistance, translation and interpretation in court proceedings and police custody where necessary?

Please indicate whether the State party considers establishing a body such as a Mediator or Ombudsman, helping migrant workers to defend their rights.

Please provide further information on the establishment of women’s and children’s refuges and a humanitarian mission of protection of women and children, who are victims of human trafficking and sexual exploitation, as referred to in paragraph 62 of the State report. Regarding the Federal Act No. 51 of 2006 on combating human trafficking, please provide information on a timeframe for the establishment of the National Committee on Human Trafficking, as referred to in paragraph 57 of the State report.

Article 7

The Committee is aware that training courses on human rights for the benefit of police officers and prosecutors in the State party have been held in cooperation with the Office of the High Commissioner for Human Rights. Please indicate whether the State party has developed or is contemplating any programmes to build on this initiative and continue training measures.

Please describe what projects have been developed to accomplish the strategic objectives in the area of education set out in the final paragraph of the State party report (paragraph 161), and explain how they contribute to combating prejudices and to promoting understanding, tolerance and friendship among nations as well as racial and ethnic groups in the State party.

Additional information

Does the State party consider making the declaration provided for in Article 14 of the Convention?

- - - - -