Committee on the Elimination of Racial Discrimination
Combined twenty-second to twenty-third reports submitted by the United Arab Emirates under article 9 of the Convention, due in 2021 *
[Date received: 17 January 2025]
Contents
Page
Introduction4
Methodology for preparing the report and consultation process4
Part ILegislative and institutional framework4
Part IIRights and respect for rights8
I.Political rights and equal access to public sector employment8
II.Freedom of opinion and expression9
III.Right to marry9
IV.Right to work9
V.Right to enjoy effective healthcare services10
VI.Right to education11
VII.Right to participate in cultural activities on a basis of equality13
VIII.Court fees in labour-related cases13
IX.Preventing reprisals13
X.Rule of law14
XI.Redress and reparation for racial discrimination under national law14
XII.Right to complain14
Part IIIImplementing the recommendations of the Committee on the Elimination of Racial Discrimination15
Recommendation contained in paragraph 6, concerning statistical data15
Recommendation contained in paragraph 8, concerning the National Human Rights Institution16
Recommendation contained in paragraph 10, concerning the constitutional prohibition of racial discrimination16
Recommendation contained in paragraph 12, concerning laws on discrimination and hate speech17
Recommendation contained in paragraph 14, concerning complaints of racial discrimination18
Recommendation contained in paragraph 16, concerning access to justice19
Recommendation contained in paragraph 18, concerning discrimination in employment23
Recommendation contained in paragraph 20, concerning the sponsorship system24
Recommendation contained in paragraph 22, concerning the situation of foreign workers26
Recommendation contained in paragraph 24, concerning pensions for foreign workers29
Recommendation contained in paragraph 26, concerning the protection of foreign domestic workers29
Recommendation contained in paragraph 28, concerning the situation of Bidoon (stateless persons)30
Recommendation contained in paragraph 30, concerning nationality rights30
Recommendation contained in paragraph 32, concerning training courses on racial discrimination31
Other recommendations34
Recommendation contained in paragraph 33, concerning the ratification of other treaties34
Recommendation contained in paragraphs 34 and 35, concerning the Follow-up to the Durban Declaration and Programme of Action and the International Decade for People of African Descent35
Recommendation contained in paragraph 36, concerning consultations with civil society35
Recommendation contained in paragraph 37, concerning the amendment to article 8 of the Convention35
Recommendation contained in paragraph 38, concerning the declaration under article 14 of the Convention36
Recommendation contained in paragraph 39, concerning the common core document36
Recommendation contained in paragraph 10, concerning the dissemination of information36
Introduction
1.The United Arab Emirates hereby submits its combined twenty-second to twenty-third periodic reports under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination. The report takes due account of the reporting guidelines, adopted by the Committee on the Elimination of Racial Discrimination at its seventy-first session, and of General Assembly resolution 68/268 of 9 April 2014 (A/RES/68/268). The report includes information on follow-up to the Committee’s concluding observations and recommendations contained in document CERD/C/ARE/CO/18-21, issued on 13 September 2017.
Methodology for preparing the report and consultation process
2.The report was drafted by the Standing Committee for Human Rights, which was set up under Decree of the Council of Ministers No. 11/12W of 2019. The Committee – which constitutes the national implementation, reporting and follow-up mechanism – is tasked with preparing the periodic reports the State is required to submit to the Human Rights Council’s universal periodic review mechanism and to the treaty bodies. It is also responsible for following up on the recommendations issued by the mechanism and the treaty bodies.
3.The Standing Committee for Human Rights shared a draft of the report with civil society organizations and associations, and with the National Human Rights Institution (which was established in accordance with the Paris Principles), then consulted those bodies on the text.
4.The present report provides an overview of progress made at the national level towards the elimination of all forms of racial discrimination.
Part I
Legislative and institutional framework
5.Since the submission of the combined eighteenth to twenty-first periodic reports, the following pieces of legislation have been enacted which incorporate recognized human rights principles concerning, in particular, the elimination of all forms of racial discrimination:
Federal Act No. 5 of 2017 on the use of remote communications technology in criminal proceedings
Federal Decree-Law No. 17 of 2018 amending certain provisions of the Code of Criminal Procedure
Federal Decree-Law No. 10 of 2019 regarding protection from domestic violence
Federal Decree-Law No. 11 of 2019 amending certain provisions of Federal Decree‑Law No. 2 of 2015 on combating discrimination and hate
Federal Decree-Law No. 8 of 2019 amending certain provisions of Federal Act No. 28 of 2005 concerning personal status
Federal Act No. 14 of 2020 regarding the protection of witnesses and persons of similar status
Federal Decree-Law No. 29 of 2020 amending certain provisions of Federal Act No. 28 of 2005 concerning personal status
Federal Decree-Law No. 31 of 2021 promulgating the Criminal Code
Federal Decree-Law No. 33 of 2021 on the regulation of labour relations
Federal Decree-Law No. 34 of 2021 on combating rumour-mongering and cybercrime
Decree of the Council of Ministers No. 71 of 2020 concerning the rules governing marriage for persons who have reached legal age but are under 18
Decree of the Minister of Justice No. 260 of 2019 regarding a procedural guide to regulate the use of electronic media and remote communications technology in court proceedings in civil cases
Decree of the Minister of Justice No. 259 of 2019 regarding a procedural guide to regulate the use of electronic media and remote communications technology in court proceedings in criminal cases
Federal Act No. 5 of 2022 concerning rehabilitation
Federal Act No. 6 of 2022 regarding juvenile offenders and juveniles at risk of delinquency
Federal Act No. 9 of 2023 regulating places of worship for non-Muslims
Federal Decree-Law No. 13 of 2022 regarding unemployment insurance
Federal Decree-Law No. 32 of 2022 on the federal judiciary
Federal Decree-Law No. 35 of 2022 promulgating the Act regulating Evidence in Civil and Commercial Transactions
Federal Decree-Law No. 41 of 2022 concerning personal civil status
Federal Decree-Law No. 13 of 2022 regarding unemployment insurance
Federal Decree-Law No. 38 of 2022 promulgating the Code of Criminal Procedure
Federal Decree-Law No. 24 of 2022 regarding persons of unknown parentage
Federal Decree-Law No. 39 of 2022 concerning compulsory education
Federal Decree-Law No. 42 of 2022 promulgating the Code of Civil Procedure
Federal Decree-Law No. 49 of 2022 concerning human resources in the Federal Government
Federal Decree-Law No. 50 of 2023 regulating public interest groups
Federal Decree-Law No. 56 of 2023 regulating the Emirates Accountability Authority
Federal Decree-Law No. 38 of 2023 amending certain provisions of Federal Act No. 39 of 2006 regulating international cooperation in criminal matters
Federal Decree-Law No. 34 of 2023 on combating discrimination, hate and extremism
Federal Decree-Law No. 24 of 2023 on combating trafficking in persons
Federal Decree-Law No. 21 of 2023 amending certain provisions of Federal Decree‑Law No. 9 of 2022 regarding domestic workers
Federal Decree-Law No. 20 of 2023 amending certain provisions of Federal Decree‑Law No. 33 of 2021 on the regulation of labour relations
Federal Decree-Law No. 10 of 2023 amending certain provisions of Federal Decree‑Law No. 18 of 2020 on private education
Federal Act No. 9 of 2023 regulating places of worship for non-Muslims
Federal Act No. 10 of 2023 on mental health
Decree of the Council of Ministers No. 97 of 2022 concerning mechanisms and rules for operating the unemployment insurance system
Decree of the Council of Ministers No. 47 of 2023 promulgating the implementing regulations of Federal Act No. 14 of 2020 regarding the protection of witnesses
Decree of the Council of Ministers No. 48 of 2023 promulgating the implementing regulations of Federal Decree-Law No. 49 of 2022 concerning human resources in the Federal Government
Decree of the Council of Ministers No. 48 of 2023 promulgating the implementing regulations of Federal Decree-Law No. 41 of 2022 concerning personal civil status
Decree of the Council of Ministers No. 79 of 2023 approving a guide on professional conduct and ethics in public service for the Federal Government
Decree of the Council of Ministers No. 122 of 2023 promulgating the implementing regulations of Federal Decree-Law No. 41 of 2022 concerning personal civil status
Decree of the Council of Ministers No. 133 of 2023 promulgating the implementing regulations of Federal Act No. 6 of 2022 regarding juvenile offenders and juveniles at risk of delinquency
Decree of the Supreme Council of the Federal Judiciary No. 34 of 2024 promulgating the code of judicial conduct
6.The State enacted Federal Act No. 12 of 2021 on the National Human Rights Institution, which was drafted in the light of the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles)). According to article 3 of the Act, the Institution is to have independent legal personality and to be financially and administratively independent in the exercise of its activities and functions which, according to article 5 of the Act, are to focus on the protection and promotion of human rights. In particular, under article 5 (6), the Institution is to “monitor and verify any violations or infringements of human rights and report them to the competent authorities”.
7.Federal Act No. 47 of 2021 on consolidated labour regulations is applicable to workers in the public and private sectors. It contains a number of legal norms such as a minimum working age of 18, a certain number of working hours and annual holidays, as well as end‑of‑service indemnities which are calculated according to basic wages and have a minimum limit.
8.Article 4 of the Act prohibits discrimination on grounds of race, colour, sex, religion, national or social origin or disability, such as might undermine equality or equality of opportunity in obtaining or maintaining employment or enjoying employment rights. The Act also prohibits discrimination in jobs that entail the same duties. To reinforce the Act, the State has, for its part, striven to guarantee the right to equality and prohibit discrimination.
9.Federal Act No. 33 of 2021 on the regulation of labour relations in the private sector also prohibits discrimination on the aforementioned grounds, as well as discrimination between individuals who perform the same duties. The same principles are upheld in Federal Decree-Law No. 9 of 2022 regarding domestic workers, article 4 of which expressly prohibits discrimination against such workers on grounds of race, colour, sex, religion, social origin or disability. The Decree-Law also prohibits sexual harassment against domestic workers, be it verbal or physical, forced labour and any form of human trafficking.
10.The Government issued its Decree No. 59 of 2018, which attributes a number of additional functions to the Department of Community Development. Under the Decree, the Department is vested with the authority to set the legal framework regulating the establishment of places of worship and the creation of public interest groups, clubs and sports institutions. In cooperation with the relevant authorities, it also oversees compliance with applicable standards and regulations, monitors voluntary donations and sets the standards by which places of worship are to be licensed, inspected and audited, while upholding values of tolerance in the United Arab Emirates. On this basis, some 70 places of worship have been licensed, including 63 churches belonging to various Christian denominations, 5 Hindu and Sikh temples and 2 synagogues.
11.In 2022, the Federal National Council began discussing a bill intended to regulate places of worship. The bill aims to uphold the efforts the State is making to uphold and consolidate the values of tolerance and coexistence between citizens and residents, and between different communities and religions. It also seeks to guarantee the right of non‑Muslim communities to practise their religious rituals and rites in the United Arab Emirates. The bill was passed into law in mid-2023.
12.Federal Act No. 13 of 2022 regarding unemployment insurance is applicable to workers in the public and private sectors. It includes provision for the creation of an unemployment insurance scheme in the United Arab Emirates, based on contributions paid for a minimum of 12 months. After that period, insured persons are entitled to a monthly indemnity equivalent to 60 per cent of their salary, up to a maximum of 20,000 dirhams (Dh), for three months from the date they became unemployed.
13.Amendments have been made to the Federal Personal Status Act, introducing a flexibility whereby non-Muslims are allowed to choose the law that reflects their beliefs in the event of a dispute that comes before the courts. The Government also issued Federal Act No. 41 of 2022 concerning personal civil status, which is applicable unless the persons concerned opt for the application of their own laws. The purpose of these changes is to provide an up-to-date and flexible judicial system to adjudicate personal status disputes.
14.Article 8 (3) of Federal Decree-Law No. 49 of 2022 concerning human resources in the Federal Government, which addresses the issue of appointment to service, prohibits discrimination “on grounds of race, colour, sex, religion, national or social origin or disability, such as might undermine equality or equality of opportunity in obtaining or maintaining employment or enjoying employment rights”. It also prohibits “discrimination in jobs that entail the same duties. Measures taken by the Federal Government to maximize the capabilities and enhance the effectiveness of Emirati staff are not considered to be discrimination.”
15.In order to uphold wage equality, the Government has enacted Federal Decree-Law No. 27 of 2018 which concerns gender wage equality for federal government workers. For its part, Federal Decree-Law No. 33 of 2021 on the regulation of labour relations includes provisions that – in line with the Convention – prohibit discrimination on the legal grounds mentioned earlier as well as discrimination between individuals who perform the same job functions. Article 4 of the Act states: “Women are entitled to the same wages as men if they undertake the same work, or other work of equal value.”
16.The United Arab Emirates has enacted Federal Act No. 29 of 2021 on the entry and residency of foreign nationals, and its implementing regulations. One of the most important provisions of the new legislation concerns equality of rights and obligations between the sexes. The Act also envisages “gold” residency status for humanitarian workers, irrespective of their background. In that connection, the United Arab Emirates ranked second globally for the flexibility of its residency laws on the 2022 World Digital Competitiveness Ranking of the World Competitiveness Centre, which is part of the International Institute for Management Development in Lausanne, Switzerland.
17.Article 362 (1) of Federal Decree-Law No. 31 of 2021 promulgating the Criminal Code envisages a term of imprisonment and/or a fine for anyone who commits the offence of insulting or denigrating a religious site or ritual or an Abrahamic religion. Under article 103 of the Decree-Law, any offence, including racial discrimination or incitement thereto, is considered to be an aggravating circumstance. The article reads: “In those cases where the law admits aggravation, the following actions are to be considered as aggravating circumstances: … The commission of an offence by public officials who take advantage of their authority or status, unless the law prescribes a specific punishment on account of that status.”
18.Article 37 of Federal Decree-Law No. 34 of 2021 on combating rumour-mongering and cybercrime envisages a term of imprisonment and/or a fine of between Dh 250,000 and Dh 1 million for anyone who commits the offence described in the previous paragraph using information networks, information technology or the Internet.
19.Article 1 of Federal Decree-Law No. 34 of 2023 on combating discrimination, hate and extremism describes discrimination as: “any distinction, restriction, exclusion or preference between individuals or groups on grounds of religion, belief, religious community, minority, colour, ethnic origin, gender or sex, while taking due account of current national laws”.
20.The same Act also criminalizes anyone who commits actions that might give rise to discrimination of any kind or that might incite hate speech, using any means of expression or via information networks, information technology or the Internet, or using manufactured materials, written text or audiovisual channels.
21.All practices that give rise to racial segregation are prohibited under the Constitution, the legislation and the policies of the United Arab Emirates. There are no segregated neighbourhoods in the country and no situations that might provoke racial segregation.
22.The United Arab Emirates attained first place in the Arab world and in the wider region in the Global Gender Gap Report 2023, published by the World Economic Forum. It also came first globally under three subindexes in this important Report, in areas such as promoting gender balance, empowering women across all fields, enhancing the working environment, providing equal opportunities for women in the workplace and developing the role of women as active partners in building the country’s future.
23.The United Arab Emirates also ranked eleventh globally and first regionally in the gender equality index of the 2022 Human Development Report, published by the United Nations Development Programme (UNDP). This constitutes a great stride forwards as the country had ranked forty-seventh globally in the gender equality index of the 2015 Report before moving up to eleventh place in the 2021 and 2022 Reports.
Crimes and penalties
24.Federal Act No. 2 of 2015 on combating discrimination and hate envisages criminal penalties for anyone who insults, denigrates, mocks, ridicules or offends religions or any religious site or ritual. The Act also criminalizes the misrepresentation, destruction, desecration or abuse of any revealed texts and the vandalism, destruction, abuse or desecration of places of worship or cemeteries. The Act was amended by Federal Decree‑Law No. 34 of 2023.
25.The Act envisages severe penalties for persons who exploit religion to declare individuals and groups as apostates (takfirism). It also prescribes a term of imprisonment and a fine of not less than Dh 500,000 if any of the offences are committed by public officials during, by reason of or in connection with the performance of their duties, or by a person who holds or has been entrusted with a religious capacity, or if the action occurs in a place of worship. A term of imprisonment is also prescribed for anyone who exploits religion to designate individuals or groups as infidels, be it orally, in writing or by any other means.
26.The Act also penalizes persons who hold or organize conferences or meetings in the country if the purpose of such gatherings is to disparage religion, incite discrimination or propagate hate speech. Persons who, knowing the purpose of such conferences or meetings, nonetheless participate therein are liable to the same penalties. The authorities may intervene to break up such gatherings, using force if necessary. The Act also envisages a term of imprisonment and a fine for anyone who, directly or indirectly, provides, offers, requests, accepts, obtains, delivers or receives money or material support with the intention of committing any of the actions punishable under the Act.
Part II
Rights and respect for rights
I.Political rights and equal access to public sector employment
27.Article 35 of the Constitution stipulates: “Public sector employment is open to all citizens on a basis of equality, in accordance with the law. Public sector employment is a national service that is entrusted to those who undertake it.” In this way, employment in the public sector is open to all citizens on an equal footing, in accordance with the law and without discrimination on grounds of race, colour, sex, religion, national or social origin or disability.
28.As concerns the right to stand for public office without discrimination on grounds of sex, His Highness the President of the United Arab Emirates – as part of ongoing efforts to empower Emirati women – issued a decree in 2019 to raise the proportion of female representation on the Council to 50 per cent.
II.Freedom of opinion and expression
29.The Constitution of the United Arab Emirates guarantees freedom of expression and freedom of assembly and association. Article 33 of the Constitution stipulates: “Freedom of assembly and association are to be guaranteed within the limits of the law.” Article 30 states: “Freedom to hold opinions and to express them orally, in writing or by another other means of expression are to be guaranteed within the limits of the law.” The State has always been eager to create a supportive and enabling legislative environment for the formation and establishment of public interest associations, and the first law in that regard was enacted in 1974. Since then, the State has worked to develop its legislation with a view to enhancing the participation and involvement in civil action of all individuals and social groups. In that connection, Federal Decree-Law No. 35 of 2020 was issued to amend certain provisions of Federal Act No. 2 of 2008 on civil associations and public interest groups. Further amendments were introduced to the Act under Federal Decree-Law No. 50 of 2023.
III.Right to marry
30.Amendments have been introduced to the Personal Status Act. The amendments concern the scope of the Act itself, which is applicable to citizens of the United Arab Emirates unless – for non-Muslims – they are subject to special provisions which concern the community or minority to which they belong. The Act is also applicable to non-citizens unless they choose to be subject to their own laws.
31.The Act includes provision for the creation of a special registry in each Emirate for the “wills and testaments of non-citizens”. The amendments also cover certain matters relating to divorce, eliminating the provision whereby divorce can be initiated only by the husband, extending that faculty to the husband or the wife or to their legal representatives (if thus stipulated in the contract of marriage) and updating the procedures for documenting and proving a divorce.
32.Amendments have also been introduced to the Civil Transactions Act, most notably by admitting the applicability of foreign laws to contracts of marriage; i.e., the law of the country where the marriage took place. This concerns the substantive conditions and the personal and financial effects of the union, and is also applicable in cases of divorce, repudiation and separation. Also, provisions have been added regarding the applicability of specific foreign laws identified in a will or testamentary disposition.
33.Federal Decree-Law No. 41 of 2022 concerning personal civil status is applicable to non-Muslim citizens of the United Arab Emirates and to non-Muslim foreigners residing in the country, in matters relating to marriage, divorce, inheritance, bequests, wills and proof of lineage. The Decree-Law envisages equality of rights and duties between men and women concerning witness testimony, inheritance, the right to divorce and joint custody. For its part, the Council of Ministers has issued Decree No. 122 of 2023 promulgating the implementing regulations of Federal Decree-Law No. 41 of 2022.
IV.Right to work
34.Article 4 of Federal Decree-Law No. 33 of 2021 on the regulation of labour relations prohibits discrimination on the grounds outlined earlier. Recent amendments to labour legislation, issued in 2021, have repealed the provisions of Act No. 8 of 1980 under which it was prohibited to employ women in nocturnal work. The amendments also removed the criminal liability women’s husbands or guardians had previously faced if they consented to the employment of women contrary to the law.
35.The amendments to the law also stipulate that an employer may not use any means to coerce or force workers or threaten them with any punishment in order to make them work for them, or force them to perform work or to provide a service against their will. Any sexual harassment, bullying or verbal, physical or psychological violence against workers by employers, supervisors, colleagues or co-workers is likewise prohibited.
36.Under recent amendments to Federal Decree-Law No. 33 of 2021 on the regulation of labour relations and to Federal Decree-Law No. 2 of 2023 regarding disputes between employers and workers, the Ministry is to ensure that – while a dispute lasts – employers continue to pay workers’ wages for a period of two months, if the dispute has caused an interruption in wage payments. The relevant provisions are contained in the implementing regulations of the Decree-Law.
37.Under Federal Decree-Law No. 33 of 2021 on the regulation of labour relations, all private sector workers – nationals and foreigners alike – are free to exercise their right to choose their work and (at any time and of their own initiative) to notify their employer of their desire to terminate the employment relationship. Such notification must be made within not less than one month before the contract termination date, and workers must undertake to work during that period, after which they have the right to enter into a new employment contract with another employer.
38.Under Federal Act No. 9 of 2022 regarding domestic workers, all parties involved in the recruitment and employment of such workers, including recruitment agents, are prohibited from discriminating in such a way as would undermine equality between workers on grounds of race, colour, sex, religion, political opinions or national or social origin. Recent amendments to Federal Decree-Law No. 21 of 2023 envisage the possibility of disputes between employers and domestic workers under rules that take due account of all parties involved and enjoin amicable reconciliation before resorting to legal action.
39.The Council of Ministers issued its Decree No. 43 of 2018 to promote the employment of persons with disabilities. The purpose of the Decree is to uphold the rights of such persons in the field of work, enable them to access available opportunities and thus exercise their right to work on an equal footing with others. It also aims to support such persons as they seek job openings in various different sectors or as they pursue the possibility of setting up their own business. In addition, the Decree sets forth the obligations incumbent upon the authorities to enable persons with disabilities to exercise their rights, in accordance with national legislation. Lastly, the Decree lays an obligation on the authorities responsible for the protection of persons with disabilities to ensure that such persons are able to exercise their right to work on an equal footing with others.
V.Right to enjoy effective healthcare services
40.In order to guarantee the right to health for individuals and for society as a whole, which is a core human right, the Government annually allocates a large portion of its federal budget to the healthcare sector. In 2022, the social development sector, including the health sector, accounted for 41.2 per cent of the total federal budget, with the allocation to the health sector amounting to 8.4 per cent, a 2 per cent increase with respect to 2020. This is a reflection of the State’s concerns and policies, which are underpinned by the principle that healthcare services should be available to all individuals in society on a basis of equality and justice.
41.Since the Government is oriented towards the promotion of health and the creation of a comprehensive and sustainable healthcare system for all members of society, without discrimination, the provision of healthcare has become one of the most important bulwarks undergirding the national agenda. This has made the United Arab Emirates one of the top countries in terms of the quality of its healthcare, a country in which all members of society can enjoy their right to health without discrimination.
42.An effective system is in place to develop mental health services and raise them to international standards. That system, which is run in partnership with the authorities responsible for providing comprehensive mental healthcare services (preventive, therapeutic and rehabilitative), aims to make services available and accessible to all persons under a policy that is based on principles of fairness and justice and that aims to eliminate the stigma associated with mental disorders.
43.The national policy to combat communicable diseases aims to address and tackle that issue from the perspective of the human right to live in a healthy environment that is free from the risks of such diseases. This approach led to an increased national readiness to respond to the coronavirus disease (COVID-19) pandemic at the local level, and it enabled the State to assist other nations to strengthen their own response to the pandemic. In this way, the Government aims to foreground the human dimension of the efforts it makes and to engage in international cooperation and solidarity in the protection of public health.
44.The Government runs regular campaigns to promote free vaccination for citizens and residents. Coverage of basic vaccinations for children in the United Arab Emirates stood between 92 and 99 per cent in 2021. For example, the vaccination rate for measles (second dose) reached 96 per cent and the vaccination rate for tuberculosis 99 per cent.
45.The national pharmaceutical sector has been reinforced with a view to exploiting its full potential. The sector operates on a basis of fairness and rationality to provide basic drugs that are safe, effective, affordable and of high-quality, thus achieving the highest possible levels of health for all members of society, ensuring the availability of medication for all persons without discrimination and attaining national health security. For its part, the Ministry of Health has worked with its strategic partners to build safe and high-quality treatment and drug-delivery systems that are consistent with international standards and respectful of human rights.
46.The United Arab Emirates ranked as one of the top performing nations globally in its resilient response to COVID-19, thanks to the swift and decisive measures it put in place from the very outbreak of the pandemic. Those measures included testing for the virus, providing healthcare consistent with the best international standards for all members of society and administering optional vaccines and booster doses free of charge to citizens and residents on an equal footing. A raft of wide-ranging healthcare measures has been rolled out, undergirded by a flexible legislative structure that affords due protection to human rights and ensures non-discrimination in the provision of healthcare while upholding human dignity and confidentiality. In this way, all members of national society – citizens, residents and even visitors – are able to enjoy their right to health.
47.At a global level, the Government remains wedded to its belief in the importance of international cooperation and solidarity to overcome current or future health emergencies. For that reason, it has undertaken to play an effective and influential role on the world stage by providing medicines, vaccines and testing kits. It has also sought to improve access to medicines, vaccines, medical equipment and other health innovations through its humanitarian cities and the logistics centre of the World Health Organization (WHO).
VI.Right to education
48.Federal Act No. 3 of 2016 (the Children’s Rights Act, known as “Wadeema’s Law”) stipulates that all children in the country, up to the age of 18, have the right to education without discrimination on grounds of sex, nationality or disability. The Council of Ministers has issued its Decree No. 3/3 of 2022 concerning a national child protection policy for educational institutions. The policy envisages a system of procedures and measures to support institutions and help them provide an educational environment that is safe and free from violence in all its forms: verbal, psychological, physical or sexual. This is to be achieved through preventive child-protection measures, means for monitoring and reporting suspected cases and efforts to increase the capacity of schools to deal with instances of abuse against children and protect them, in coordination with the proper authorities. These measures supplement efforts on the part of the State to achieve equality of opportunity for all children. “Wadeema’s Law” also serves to prevent and outlaw the phenomenon of school dropout and, in that connection, programmes have been produced and telephone lines set up via which to file reports and complaints, thereby ensuring that any violations against the right to education are duly investigated and that exemplary penalties are handed down with a view to upholding compulsory schooling. Under the law, in fact, educational institutions are to warn children’s guardians that, if they fail to fulfil their obligations vis-à-vis their children’s education, they will face fines and, if they persist in their wrongdoing, court action.
49.The Ministry of Education has worked to bring its plans and strategies into line with international human rights treaties and with the 2030 Sustainable Development Goals, especially goal 4 which focuses on ensuring inclusive and equitable quality education for all and promoting lifelong learning opportunities for all. To that end, the Ministry has sought to render the educational system efficient and effective, and to provide quality education for all students – including persons with disabilities, talented individuals and others – regardless of sex, ethnicity, belief or language.
50.Free education for all persons is enshrined in national legislation, and the Government provides opportunities for all students – citizens and non-citizens – to enrol in State-run schools. In addition to this, a number of “schools of tolerance” have been opened in different regions of the country since 2019 to provide educational opportunities for students with limited income or who are living in exceptional circumstances. The schools currently accommodate more than 7,500 students.
51.The fees for needy students enrolled in State-run or private schools are paid by charitable or humanitarian organizations, such as the Khalifa bin Zayed Al Nahyan Foundation and the Red Crescent Society, as well as via cooperation with the private sector. This assistance is provided on the basis of the outcomes of a survey of underprivileged families as well as on reports of absenteeism or drop out, one of the causes of which is a family’s economic situation and its inability to pay fees.
52.In addition, the State has permitted the licensing of charitable schools in several regions to provide educational services to needy students for nominal fees or, in some cases, free of charge. There are also a number of other educational curricula in the country, which aim to meet the needs of individuals in society from different cultural backgrounds. In fact, 18 different curricula reflect the nation’s cultural diversity and help to ensure equal educational opportunities for children from foreign communities.
53.The following table shows the amounts allocated to the education sector in 2016, 2017, 2018, 2019, 2020, 2021 and 2022, as per the draft budget for each of those years.
|
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
Dh 6.5 billion |
Dh 10.2 billion |
Dh 10.4 billion |
Dh 10.1 billion |
Dh 10.4 billion |
Dh 9.5 billion |
Dh 9.5 billion |
54.The Federal Act on private education was amended by Federal Decree-Law No. 10 of 2023 on private education. Article 14 of the Decree-Law states: “… in all cases, it is prohibited that any curricula should contain material that violates national law … contains any encouragement to violence or racism, or incites discord and strife among members of society …”. According to article 18: “Private schools must have a clear and open student affairs policy which takes due account of the following: (a) Equality and non-discrimination among students on grounds of race, sex, belief, social standing or any other discriminatory factor; (b) Treatment of students and their parents or guardians in a manner that is professional and devoid of prejudice …”.
55.The Ministry of Education has incorporated anti-racism concepts as well as the principles enshrined in the Charter of the United Nations, the Universal Declaration of Human Rights and international humanitarian law into school curricula. It is also striving to disseminate values of religious and ethnic tolerance among all students in schools and in the wider community by formulating lessons on children’s and women’s rights, tolerance, citizenship, dialogue, cultural diversity, peaceful coexistence and voluntary work.
56.The Ministry of Education has issued its Decree No. 645 of 2020 regarding anti‑bullying policies in schools, which includes measures intended to counter all types of bullying, harassment, aggression and discrimination in the school environment. A national committee for the prevention of bullying was formed under Decree No. 710 of 2018 of the Ministry of Education, with the participation of 23 federal- and local-level entities which work to develop policies and programmes to prevent bullying.
57.The Ministry of Education and the Ministry of Tolerance and Coexistence have launched a joint initiative “In the footsteps of Zayed” which focuses on promoting values of tolerance, peaceful coexistence, acceptance of differences, respect for others and positive communication among students at all stages of education in public and private schools. The Ministry is also eager to integrate persons with disabilities of both sexes into State-run schools and higher education institutions, to which end it issued its inclusive education policy under Ministerial Decree No. 647 of 2020.
VII.Right to participate in cultural activities on a basis of equality
58.The United Arab Emirates declared 2019 as the year of tolerance, in order to recognize the importance and impact of that particular value and its outstanding significance in Emirati society and to raise community awareness about cultural diversity and its importance to all societies. A process has been launched to license the places of worship of all religious communities. Also, a project has been announced to build an “Abrahamic Family Home”, which is due to open in March 2023 and which includes a mosque, a church and a synagogue under a single roof, as well as a centre for interfaith dialogue.
59.The United Arab Emirates has signed over 10 agreements and memorandums of understanding with several countries around the world to open the way to cultural cooperation and to enhance opportunities for cultural interaction between creatives at home and their counterparts abroad. Dialogue with other countries has served to promote this cultural initiative by increasing mutual knowledge and understanding and facilitating the exchange of cultural and creative know-how at the governmental, institutional and individual levels.
60.The United Arab Emirates is working to strengthen its cultural relations with peoples and countries around the world by organizing “culture weeks” that include a variety of activities and programmes intended to convey the country’s culture, history and arts and make them known to other peoples. Culture weeks and other events to encourage cultural exchange have been organized in a number of countries, including France, Romania, Greece, China and Russia.
VIII.Court fees in labour-related cases
61.Article 30 (3) of Federal Law No. 13 of 2016 regarding legal fees in federal courts stipulates that exemption from court fees for civil cases is applicable, by law, to “cases – and their associated appeals, requests and procedures – brought by workers, domestic workers, persons of similar status or their beneficiaries when claiming their dues under a contract of employment, irrespective of the stage of the proceedings.” In addition to this, article 55 of Federal Decree-Law No. 33 of 2021 on the regulation of labour relations states: “Labour‑related cases and requests filed by workers or their heirs for amounts not exceeding Dh 100,000 are exempt from court fees at all stages of the proceedings.”
IX.Preventing reprisals
62.Chapter VII (“Crimes against the person”) in section I (“Violation of human life and physical integrity”) of Federal Decree-Law No. 31 of 2021 promulgating the Criminal Code criminalizes any action that violates the life or physical integrity of the human body, whether directly or indirectly (arts. 383–394).
63.Federal Act No. 14 of 2020 regarding the protection of witnesses and persons of similar status includes provisions intended to protect society and to encourage community participation in detecting crimes. It also aims to protect witnesses, victims, informants, confidential sources and members of their family and persons close to them, as well as persons whom the courts have decided requires protection against any threat, assault, retaliation or intimidation. To this end, protection units and programmes have been set up and the appropriate measures set in train by the authorities.
X.Rule of law
64.Courts in the United Arab Emirates are fully independent, and the Constitution expressly forbids any interference by any party whatsoever. Article 94 of the Constitution stipulates that justice is the foundation of governance and that, when performing their functions, judges are subject to no authority other than the law and their conscience. The courts operate on a two-tier system: the federal judiciary, headed by the Federal Supreme Court, and the local courts at the level of the local governments that are members of the federation.
65.The equality of all persons before the law is enshrined in the Constitution, which also safeguards the human rights of all members of society regardless of race, colour, lineage, or national or ethnic origin and prohibits degrading treatment of any kind. The Constitution also upholds the right to a fair trial for all persons, citizens and foreigners alike. Judicial independence, then, benefits everyone and serves to enhance security, stability, well-being and the quality of life.
66.Courts in the United Arab Emirates are strongly wedded to transparency in their proceedings. Firstly, access to justice for various groups in society has been facilitated with the development of a technological infrastructure and the delivery of digital services via several channels. In addition, effective channels (such as call centres and judicial inspections) are available for persons who wish to complain about some aspect of court proceedings and, lastly, legal information is provided to the public free of charge and important judicial rulings are posted on official websites.
67.The United Arab Emirates led other Arab countries and nations of the Middle East and North Africa in the Rule of Law Index for 2021, which is published by the Washington‑based World Justice Project and which assesses rule of law in 139 countries and territories. In fact, the country managed to maintain its global ranking of thirty-seventh place and reached sixteenth place in the ranking for judicial independence and eighth place in the ranking for justice. In addition to this, judicial independence has been further promoted via the creation of specialized courts characterized by specific knowledge and institutional excellence, which have been increasing at a rate of 1.3 per cent annually. The State has also advanced to third place globally on the index measuring the ease with which shareholders are able to bring legal action.
XI.Redress and reparation for racial discrimination under national law
68.Anyone who believes that they have suffered harm, including persons who have been subjected to racial discrimination as defined in national law, has the right to file a claim for compensation before the courts, in accordance with the compensation provisions contained in the Civil Transactions Act.
69.Compensation cases arising from instances of racial discrimination are subject to Federal Decree-Law No. 35 of 2022 promulgating the Act regulating Evidence in Civil and Commercial Transactions. In order to establish their right to compensation, plaintiffs are required to use one of the evidentiary methods set forth in the Act, and the courts have discretion as to whether or not to accept them.
XII.Right to complain
70.As stated earlier, article 41 of the Constitution stipulates: “Any person may submit a complaint to the competent authorities, including judicial bodies, concerning violations of the rights and freedoms set out in the present chapter.” All persons are therefore constitutionally entitled and free to submit complaints, without discrimination.
71.Under its Decree No. 46 of 2022, the Council of Ministers established a committee to consider collective labour disputes. The membership of the committee includes, in addition to representatives from the Ministry of Human Resources and Emiratization, an appeal-court judge and representatives from employers’ organizations and labour committees. Their job is to examine labour-rights disputes involving 50 or more workers that have been referred to the committee by the Ministry, and they must issue their decision within not more than 30 days from the date of their first session on the matter. The issue is then referred to the relevant enforcement department and the parties involved are to be notified of the decision within two working days.
72.The Ministry of Human Resources and Emiratization has made several channels available which workers can use to report and submit wage-related complaints: via telephone, through the ministerial website, using a smart app or visiting one of the Ministry’s offices which are located throughout the country. Recently, it has also become possible to use WhatsApp to communicate with the Ministry, which is the first federal entity to provide a service for submitting complaints and inquiries in this way. This serves to facilitate communication with the Ministry and reduce costs.
73.The United Arab Emirates has been promoting the right to take legal action by ensuring that workers are not burdened with legal fees, either when they register their complaints or when those complaints are resolved, be it within the Ministry or via the courts, which examine complaints referred by the Ministry that the parties concerned have been unable to resolve amicably.
74.In order to ensure the prompt resolution of labour-related cases, the Ministry of Human Resources and Emiratization has, over recent years, been training and qualifying multilingual legal researchers to scrutinize the disputes that are brought to the Ministry’s attention. The Ministry has also been training and qualifying its own staff in mediation techniques to resolve disputes and arbitrate fairly, thereby helping workers and employers resolve their differences quickly and satisfactorily, ideally within no more than 14 days from the date a complaint is submitted. Cases in which a resolution is not possible are referred to the labour tribunals.
75.The complaints mechanism for the healthcare sector envisages that complaints are to be received by the relevant departments in healthcare institutions. They are then referred to the relevant committee, depending upon the nature of the complaint. Complaints concerning medical errors are forwarded to a medical liability committee while complaints related to conduct and other administrative violations are submitted to the competent committee under the regulations of the healthcare institution concerned (for example, the healthcare practices oversight committee). The party concerned has the right to appeal the decisions of these committees, in accordance with the regulations followed by each healthcare institution and national law.
Part III
Implementing the recommendations of the Committee on the Elimination of Racial Discrimination
Recommendation contained in paragraph 6, concerning statistical data
76.According to the Federal Competitiveness and Statistics Authority, the total population of the United Arab Emirates, including citizens and foreign residents, amounted to 9,282,410 in 2020 as compared to 9,503,738 in 2019. Males outnumber females.
The male population stood at 6,468,460 in 2020, as compared to 6,302,724 in 2019
The female population stood at 2,813,950 in 2020, as compared to 3,201,014 in 2019
People of more than 200 nationalities live and work in the United Arab Emirates, and the number of migrants and residents exceeds the national population. The Indian community is one of the largest foreign communities in the country, followed by Pakistanis, Bengalis and other Asian, European, and African nationalities
According to the most recent census, citizens number 947,997, of whom 479,109 are male and 468,888 are female.
Recommendation contained in paragraph 8, concerning the National Human Rights Institution
77.The State enacted Federal Act No. 12 of 2021 under which an independent body called the “National Human Rights Institution” was brought into being, with its headquarters in the capital Abu Dhabi. The Institution, which was established in accordance with the Paris Principles, is entitled to open branches and offices in the other Emirates.
78.The establishment of this important mechanism is a reflection of the State’s commitment to promote and develop the institutional structure underpinning human rights, which serves to promote and protect such rights in the country and to contribute to international efforts in that regard.
79.The Institution enjoys financial and administrative independence in the exercise of its duties and activities, which consist in promoting and protecting human rights and freedoms, in accordance with the Constitution, current national legislation and relevant international treaties. The Institution’s terms of reference and duties include, inter alia: contributing to the promotion and protection of human rights in the country; promoting equality and eliminating all forms of racial discrimination; monitoring the realization of the goals enshrined in international human rights charters, covenants and treaties to which the State is a party; working with the authorities and competent bodies to develop a national action plan for the promotion and protection of human rights and proposing a procedure for its implementation; acting to disseminate a culture of human rights and to raise public awareness by organizing human rights-related seminars, conferences and discussion panels; submitting proposals, recommendations and advice to the competent authorities and other bodies on all matters pertaining to the protection, promotion and monitoring of human rights; submitting proposals to the competent authorities regarding the compatibility of legislation with international human rights treaties that the State has ratified and monitoring outcomes; monitoring and verifying human rights violations and reporting them to the competent authorities; and participating in human rights forums at the international and regional levels.
80.The Institution has a Board of Trustees consisting of 12 members, including the head of the Institution, of whom no fewer than half are to be full-time members. The mechanism for selecting members is to be decided by decree of the Head of State, and membership is to be drawn from representatives of advisory bodies, academic institutions or civil society organizations who hold personal technical and professional expertise. Due account is to be given to appropriate female representation. The term of membership of the Board is four years, renewable once.
Recommendation contained in paragraph 10, concerning the constitutional prohibition of racial discrimination
81.All forms of racial discrimination are prohibited under the Constitution and national legislation. According to article 40 of the Constitution: “Foreign nationals in the Federation enjoy the rights and freedoms recognized in the relevant international covenants, treaties and conventions to which the Federation is a party and incur the corresponding obligations.” Article 25 (1) states: “All persons are equal before the law.”
82.Federal Decree-Law No. 33 of 2021 on the regulation of labour relations contains numerous provisions that are consistent with the Convention. The Decree-Law, indeed, prohibits discrimination on grounds of race, colour, sex, religion, national or social origin or disability, such as might undermine equality or equality of opportunity in obtaining or maintaining employment or enjoying employment rights. It also prohibits discrimination in jobs that entail the same duties.
83.Federal Act No. 9 of 2022 regarding domestic workers prohibits discrimination between workers on grounds of race, colour, sex, religion or national or social origin.
84.Federal Act No. 5 of 2019 regulating the practice of the medical profession prohibits any form of discrimination between patients. The Act stipulates that practitioners must not exploit a patient’s situation of need in order to achieve an unlawful gain for themselves or for others; that they must not discriminate between patients; that they must uphold the honour and dignity of their profession; that their relations with other healthcare workers must be based on mutual respect and close cooperation; and that they must abide by national legislation.
85.Patient rights are set forth in detail in Ministerial Decree No. 14 of 2021 concerning the rights and duties of patients. An explicit prohibition on any form of discrimination between patients is set forth in the section of the Decree dealing with general principles, which begins by stating that all persons have the right to health protection in the best possible conditions and without discrimination on grounds of religion, sex, colour, age or socioeconomic status. Moreover, due account is to be taken of the specific needs of certain categories of patient whose state of health means that they require priority care in accordance with national legislation. These include emergency cases, persons with disabilities, older persons and pregnant women.
86.Legislation regulating social protection for private sector workers guarantees insurance coverage without discrimination on the basis of sex or nationality. The relevant provisions are contained in Federal Decree-Law No. 13 of 2022 regarding unemployment insurance, which is applicable to all natural persons who work in the private sector or the federal public sector. The Decree-Law provides insured persons with an unemployment income for three months, while they are seeking an alternative job opening, equivalent to 60 per cent of their salary, up to a maximum of Dh 20,000.
87.All the legislation under which public interest organizations operate or that regulates the creation of such organizations and of social solidarity funds, as well as the legislation regulating the establishment and registration of voluntary groups, is entirely devoid of discrimination in any form. In fact, the laws in question enjoin the positive participation of all groups, communities and segments of society in social and voluntary work and expressly prohibit organizations or their members from giving rise to any kind of sectarian, racial or religious conflict.
Recommendation contained in paragraph 12, concerning laws on discrimination and hate speech
88.Legislation in the United Arab Emirates prohibits racial discrimination in all the forms envisaged in the Convention. Specifically, Federal Decree-Law No. 2 of 2015 on combating discrimination and hate seeks to prevent discrimination as it is defined in the Convention. In article 1 of the Decree-Law, legislators have defined discrimination in the following terms: any distinction, restriction, exclusion or preference between individuals or groups on grounds of religion, belief, religious community, minority, colour, ethnic origin, gender or sex, while taking due account of current national laws. Thus, the Decree-Law bans any discrimination on grounds of colour, belief, religious community, race or ethnic origin. This same definition is also enshrined in the new law, Federal Decree-Law No. 34 of 2023 on combating discrimination, hate and extremism.
89.Federal Decree-Law No. 11 of 2019 amended certain provisions of Federal Decree‑Law No. 2 of 2015 with the addition of other potential forms of discrimination such as “gender and sex”. As a general principle, the provisions of the Decree-Law are applicable to all persons without exception and without differentiating between citizens and residents.
90.Articles 6 and 7 of Federal Decree-Law No. 34 of 2023 criminalize anyone who commits actions that might give rise to discrimination of any kind or that might incite hate speech, using any means of expression or via information networks, information technology or the Internet, or using written text or audiovisual channels.
91.The principle of legality is enshrined in national legislation, as article 27 of the Constitution states that there can be no crime and no punishment save as stipulated in the law, while article 28 stipulates that accused persons are innocent until proven guilty in a fair and legal trial. For its part, article 2 of the Federal Criminal Code states: “No person is to be held responsible for the crime of another, and accused persons are innocent until proven guilty in accordance with the law.” This state of affairs, which is consistent with article 11 of the 1948 Universal Declaration of Human Rights, shows that the State is careful to apply the law to all members of society, without discrimination or racism.
92.The State, moreover, upholds and respects the principle of necessity by imposing penalties only on persons who violate laws that have been enacted by Emirati legislators and that are accepted by society. In this way, the State seeks to preserve the integrity of society, uphold the public interest and safeguard the freedoms and private interests of individuals.
Recommendation contained in paragraph 14, concerning complaints of racial discrimination
93.The Office of the Public Prosecution has conducted a social media campaign entitled “Legal culture” about Federal Decree-Law No. 2 of 2015 on combating discrimination and hate, and its amendments.
94.The Ministry of Health has run a series of introductory workshops on health legislation, also focusing on the fight against racial discrimination and the protection of patients’ rights. The initiative included introductory workshops for healthcare professionals on Federal Decree-Law No. 4 of 2016 on medical liability, Federal Act No. 5 of 2019 regulating the practice of the medical profession and the charter of the rights and duties of patients.
95.Seventeen training workshops have been held for healthcare workers of various specialties in different Emirates. The workers came from healthcare institutions and related entities such as the Ministry of the Interior, the judiciary and university law faculties.
96.In addition, a study was carried out in 2017 to assess the knowledge of healthcare professionals about medical liability legislation. After the study had shown that the level of knowledge was just 75 per cent, a series of introductory workshops was held in 2020, followed by another study which was intended to measure the effectiveness and impact of the workshops and which showed that the level of knowledge of that legislation had risen to 92 per cent by 2021.
97.The right of all persons to lodge complaints is enshrined in the Constitution and the law, and any person who has suffered harm or been ill-treated or tortured, or subjected to inhuman treatment has the right to file a complaint against any individual, functionary or official, regardless of position or place of work. On that basis, the Office of the Public Prosecution has developed a number of channels and mechanisms for receiving complaints. These include websites which individuals, their lawyers or families can use to submit a complaint of racial discrimination and identify the perpetrator. The Office of the Public Prosecution, in line with its operational procedures, receives, verifies and investigates such complaints and, if it emerges that they are true, refers them to the courts. Complaints can also be submitted via smart channels on the app of the Office of the Public Prosecution. In addition to this, modern technologies have made it possible for prosecutors to interview convicted persons and detainees via video and to conduct other legal processes, in accordance with the law.
98.In this context, between 2018 and 2020 prosecutors conducted 329 interviews with prison inmates and convicted persons, not for investigative purposes but to listen to their requests and complaints. Furthermore, over the past three years, the Office of the Public Prosecution has conducted 176 inspections and visits to detention centres, prisons and institutions for the enforcement of sentences.
99.Cases of racial discrimination are shown in the following table.
|
Year |
No. of cases |
Sentence |
|
2017 |
7 |
Terms of imprisonment of 10 years, confiscation of communication devices, erasure of content and closure of websites used in the commission of the offences |
|
2018 |
2 |
Terms of imprisonment of 3 months |
|
2019 |
2 |
Terms of imprisonment of 7 years and fines of Dh 500,000 |
|
2020 |
19 |
Terms of imprisonment of 15 years fines of Dh 1 million |
|
2021 |
18 |
Terms of imprisonment of 5 years fines of Dh 1 million |
|
2022 |
3 |
Terms of imprisonment of 3 months |
Recommendation contained in paragraph 16, concerning access to justice
100.The judiciary constitutes the foundation of social justice in society, and the right to take legal action and to lodge complaints is upheld in the Constitution and the law for all persons without discrimination. Under the code of judicial conduct, all members of the judiciary are, when examining cases, to avoid any form of discrimination on the basis of litigants’ political or ideological affiliation, sex, age, state of health, work, race, colour, language, lineage or any personal of socioeconomic circumstance. Judicial activity is to be performed with neutrality and impartiality, regulated only by the facts presented and by the law, and there is to be no bias, prejudice or favouritism towards any of the parties in the case. Judicial personnel, moreover, must not adopt any stance which might cast doubt upon the course of the proceedings or undermine their credibility, and they must set aside any cultural, religious or philosophical convictions or beliefs when examining and ruling on cases. They must, furthermore, treat all persons equally, whether they are the parties involved in the case, witnesses, lawyers, colleagues, assistants, functionaries or experts, avoiding any favouritism or discrimination (for them or against them), treating them properly, avoiding any harsh words or actions and not applying any kind of material or moral pressure.
101.The judiciary seeks to ensure that the parties to a complaint are guarded against any physical or moral abuse and that individuals are able to have recourse to the organs of justice at any time and without hindrance, and it has created other non-traditional mechanisms as channels for grievances or complaints. The judiciary also upholds the right to appeal against court rulings and to engage the assistance of a lawyer at all stages of court proceedings and before investigatory bodies. In addition, it has developed technological infrastructure and digital services via several channels to facilitate access to justice, working to ensure equal access to judicial services and to guarantee labour rights in litigation.
102.In the light of the situation in the country with the emergence of COVID-19, a decision was made that the federal courts and federal prosecutors’ offices of various levels, as well as family guidance committees and reconciliation centres would operate remotely using communications technology. This was part of the precautionary measures put in place by the State to contain the spread of the novel coronavirus. Since the end of the pandemic, the judicial system has continued to undertake 95 per cent of its operations using remote communications technology.
103.The Abu Dhabi Judicial Department has announced the availability of remote court sessions for all litigants, as well as notary services, documentation, family guidance and enforcement of court rulings. To this end, the Judicial Department is using a videoconferencing system that connects all its civil divisions dealing with matters such as personal status, rents, legacies, summary proceedings and the preparation of cases. Courts in Dubai have also resumed remote hearings of cases of various kinds and in courts of all levels (first instance, appeal and cassation) and the same is true of courts in Ra’s al-Khaymah.
104.This trend has been supported by the enactment of Federal Act No. 5 of 2017 on the use of remote communications technology in criminal proceedings, which was subsequently updated and included in Federal Decree-Law No. 38 of 2022 promulgating the Code of Criminal Procedure. In addition to this, Federal Decree-Law No. 10 of 2017 amending certain provisions of the Code of Civil Procedure introduced a new chapter to the Code: chapter VI on “the use of remote communications technology in civil proceedings”. The new text defines the use of such technology in civil proceedings as the employment of a means of audiovisual communication between two or more parties to create a situation of virtual attendance and to exchange documents. This includes the registration and announcement of the case, the trial and any enforcement procedures conducted using such technology. Federal Decree-Law No. 10 of 2017 has been amended by Federal Decree-Law No. 42 of 2022.
105.Further support came in the form of Decree No. 4 of 2020 which was issued by the President of the Supreme Council of the Federal Judiciary and which concerns regulations governing the operation of the courts, court sittings and sentencing during states of emergency, as well as Decree No. 5 of 2020 regarding the use of electronic means and remote communications technology to ensure business continuity in the federal courts and federal prosecutors’ offices. In addition to these, the Minister of Justice issued Decrees No. 19 and No. 20 of 2019 promulgating a procedural guide to regulate court proceedings conducted using electronic means and remote communications technology, in both civil and criminal cases.
106.The judicial authorities have also put measures in place to expedite and abbreviate proceedings with a view to achieving prompt and effective justice, promoting social tolerance, encouraging compromise and guaranteeing the human right to access justice and voice grievances. Cases are thus adjudicated promptly, without discrimination, delay, disruption or restriction of freedom.
(i)One-day court. Federal Decree-Law No. 42 of 2022 promulgating the Code of Civil Procedure envisages the possibility of examining and adjudicating cases and issuing judgments at a one-day court. Under the system, one or more chambers is designated for the adjudication of cases in the course of a single session. This reflects a determination on the part of legislators to ensure enough flexibility for courts to emit their rulings, in line with the capabilities and requirements of each judicial authority, and thus increasing overall competitiveness, yet without infringing any of the constitutional principles that regulate the work of the judiciary while also guaranteeing access to justice and the prompt resolution of cases. The one-day court for criminal cases is accommodated under Federal Decree-Law No. 38 of 2022 promulgating the Code of Criminal Procedure and Decree No. 37 of 2023 of the Supreme Council of the Federal Judiciary, which regulates the operation of the one-day system in the misdemeanour courts. Under the system, the Office of the Public Prosecution conducts its investigations of certain minor offences, some of which are then referred to the criminal court for adjudication within a single day. This helps to ensure prompt judicial procedures in criminal cases.
(ii)Alternatives to custodial penalties. A court order, a restorative agreement, electronic tagging or a plea agreement.
107.There are multiple forms of alternative penalties in the United Arab Emirates, some of which do not envisage restrictions on liberty or on the financial position of the convicted party. Most notable among these are traditional alternatives such as suspension of sentence, judicial probation, conditional release or judicial pardon. Other alternatives do affect the financial position of the persons concerned, such as fines, reprimands or obligations to repair the damage done and compensate the victim. Other, more modern alternatives include electronic tagging, restorative agreements, court orders or plea agreements. Legislators have sought to keep pace with the developing alternatives to custodial penalties, via Federal Decree-Law No. 38 of 2022 promulgating the Code of Criminal Procedure.
108.The Ministry of Human Resources and Emiratization works to protect the rights of workers, to which end it has opened channels to receive labour-related complaints. The channels, which are open to all persons without restriction and free of charge, have been developed to reflect the needs of all groups of workers in the private sector. They are as follows: (i) The Ministry website; (ii) A smart app; (iii) The call centre of the Labour Consultation and Application Centre and, most recently, via WhatsApp.
109.The Ministry uses guidance and counselling centres to raise awareness among workers about the channels they have available. The purpose is to train and educate private sector workers about their duties and about their rights and how to claim them. All claims from workers are handled by specialized ministerial staff.
110.The Inspection Department at the Ministry of Human Resources and Emiratization has recently been developing training programmes to make labour inspectors more effective. The programmes include an introduction to the obligations the State incurs under certain international treaties, among them the International Labour Organization (ILO) Equal Remuneration Convention, 1951 (No. 100) and the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111), both of which the United Arab Emirates has ratified. The training also covers the new provisions contained in Federal Decree-Law No. 33 of 2021 on the regulation of labour relations which prohibit discrimination, forced labour, sexual harassment and violence in the workplace, and it seeks to raise awareness among labour inspectors and show them how to monitor and investigate such cases.
111.Similar courses have been organized in coordination with academic bodies. For example, in cooperation with the University of Sharjah, some 45 labour inspectors of both sexes obtained a specialized technical diploma in a course that covered all forms of labour relations and the challenges that inspectors might encounter when seeking to obtain accurate information during the course of their visits. In addition to this, 38 labour inspectors have been designated to study for an anti-human trafficking diploma, the aim being to prepare a pool of qualified personnel with the necessary scientific and practical skills and expertise to work in departments and institutions involved in the fight against trafficking in persons. The course, which is being run in cooperation with Dubai Police, has produced 109 graduates over previous years. A further training programme to improve the effectiveness of labour inspectors was developed in cooperation with ILO experts in 2017 and, lastly, specialized training courses for 48 labour inspectors were held in 2022.
112.The tablets provided to labour inspectors contain an electronic library of ministerial regulations and decrees, which the inspectors can refer to as required during the course of their visits and use to provide workers with all the information and legislative texts they require.
113.The issue of labour disputes is addressed under Federal Decree-Law No. 33 of 2021 on the regulation of labour relations. Under the Decree-Law, migrant workers have the right to file a complaint with the Ministry of Human Resources and Emiratization, which provides several channels for that purpose, including directly to the Labor Relations Department, via the labour dispute resolution centres or electronically via the Ministry’s own app. Workers can also turn to facilitation centres or domestic worker recruitment centres, which are located in various Emirates and which are used to deliver ministerial services. The competent department within the Ministry then works to settle the complaint amicably within a period not exceeding 14 days. This serves to ensure that disputes are addressed promptly and to protect migrant workers, particularly those on limited incomes, and ensure that they do not have to wait for long periods before receiving their dues.
114.In 2023, the Ministry of Human Resources and Emiratization issued Federal Decree‑Law No. 20 of 2023 amending certain provisions of Federal Decree-Law No. 33 of 2021 on the regulation of labour relations. Under this legislation, the Ministry has the authority to adjudicate labour disputes where the value of the disputed claim is less than Dh 50,000 as well as the authority to enforce amicable settlements between parties to a dispute, regardless of the value involved. Under the Decree-Law, any decision the Ministry makes is enforceable as soon as it is issued. If any of the parties to a dispute is dissatisfied with the decision, they may challenge it before the court of appeal and request that enforcement be suspended for a period of 15 working days. Disputes in which the claim is in excess of Dh 50,000 or which cannot be settled amicably are referred to the competent labour tribunal for it to issue a ruling as promptly as possible and to set a date for the hearing within three working days from the date of receipt of the request. It is important to note that all disputes involving domestic or private sector workers where the value of the claim does not exceed Dh 100,000 are exempt from judicial fees at all stages of the proceedings and enforcement.
115.Under Federal Decree-Law No. 21 of 2023, similar amendments were introduced to Federal Decree-Law No. 9 of 2022 regarding domestic workers. According to the amendments, the Ministry’s decision is to be final and binding upon all parties in cases where the dispute concerns an amount of up to Dh 50,000. Where this is not possible, the matter is referred to the courts.
116.On the subject of legal assistance, it should be noted that workers can seek legal advice and inquire about their labour rights by contacting the call centre by phone or by sending an email. Legal advisers can then reply to their queries and instruct them in the steps they need to take to resolve any dispute and obtain their rights.
117.The United Arab Emirates believes in providing legal and judicial assistance to persons who are unable to pay their own legal fees, including migrant workers, especially low-skilled workers. For that reason, the Constitution stipulates that economic and social conditions should not constitute a barrier to justice for anyone.
118.The Ministry of Justice has launched a free service – under the name of “Awon” – offering legal advice and the translation of court documents for indigent persons. Also, the Abu Dhabi Judicial Department has set up a special section to provide poorer persons with impartial legal assistance and guidance on the legal procedures they need to take, either before or during the course of proceedings and irrespective of their own legal position in those proceedings. The services available include legal guidance and counselling, requesting the appointment of a lawyer, expenses for the assistance of experts and expenses for the publication of notices. The provision of such services to beneficiaries is dependent upon an assessment of their eligibility; i.e., the seriousness of their application and their own income.
119.In the same context, and in cooperation with volunteers from law firms and legal practices, a service has been launched under the name of “Shoor”, which provides free consultations for persons involved in legal proceedings, the aim being to build trust in the court system and to facilitate the process of litigation.
120.The labour dispute resolution system in the country, which is highly transparent and flexible, serves all workers on national territory, both citizens and migrants. There are no restrictions on workers who wish to register a labour-related complaint or to request that their grievance be brought before the courts. In fact, all claims are examined and the workers concerned are advised whether or not they have a valid case. If, for whatever reason, workers request that their case be referred for consideration by the courts, that remains their absolute right, and they can decide to do so without any outside influence. All these procedures are fully scrutinized to ensure that they are properly applied, and no charges are levied as the service is entirely free of charge.
121.The United Arab Emirates provides workers with several channels via which to submit labour-related complaints about any practices contrary to the law or any violation of their rights. These can include the following: the non-payment or late payment of wages, unsuitable or inadequate housing, discrimination, violence, failure to grant holidays, the imposition of overtime hours or the levying of recruitment charges. The channels, which are free of charge and completely confidential, can be accessed via a telephone call centre, via the Ministry’s online website or via a smart app. As a precautionary measure during the COVID-19 pandemic, the operation of “Tawafuq” centres was automated so that they could receive complaints then hold virtual conciliatory meetings between workers and employers. It should be noted, moreover, that workers have the right to submit complaints and to request that they be referred to the courts irrespective of whether they are present or national territory or have already left the country. In the latter case, they can delegate a lawyer or a member of their country’s diplomatic mission to act on their behalf.
122.If workers are unable to engage a lawyer to defend them, one is appointed by the court. In addition, in case of need, an interpreter is made available, also free of charge, to help workers communicate with the court and present their case.
123.As concerns the recommendation to appoint an ombudsman, it should be noted that the Ministry of Human Resources and Emiratization already has a body that receives labour‑related complaints. That body, which is led by a departmental head, performs all the functions of an ombudsman. The Labour Dispute Department, in fact, receives workers’ complaints then coordinates with labour inspectors to check up on any violations and to verify compliance with labour law. Legal experts then step in to settle the matter, either amicably or by referring it to the courts. A court has recently been established to rule on labour disputes in wage-demand cases where the amount at issue is less than Dh 500,000. The court adjudicates such cases in the course of a single session.
124.National legislation and decrees regulating labour relations seek to protect workers from racial discrimination thanks to inspections and awareness-raising campaigns that target both sides in the employment relationship. This serves to safeguard workers in the private sector against such practices and contributes to achieving Goal 8 of the Sustainable Development Goals, which concerns decent work and economic growth.
125.According to statistical reports drawn up by the Ministry of Human Resources and Emiratization, about 81 per cent of the labour disputes that arose in the private-sector labour market in 2023 ended with amicable solutions between the parties involved, while 19 per cent were referred to labour tribunals for adjudication according to due legal procedure. Labour-related complaints received by the Ministry over the past year did not exceed 3 per cent (that is, 3 complaints for every 100 workers on the national labour market). In addition, the Ministry received 241,596 anonymous labour-related complaints between January and the end of December 2023. Of the complaints received, 67.7 per cent came via the Ministry’s call centre, 28.2 per cent via its official website and 3.6 per cent via the smartphone app.
Recommendation contained in paragraph 18, concerning discrimination in employment
126.Changes have been made to labour law and to the Criminal Code to eliminate discrimination against women in the workplace and to combat gender-based violence, particularly sexual harassment.
127.Article 4 of Federal Decree-Law No. 33 of 2021 on the regulation of labour relations includes provisions that prohibit discrimination on grounds of race, colour, sex, religion, national or social origin or disability, such as might undermine equality or equality of opportunity in obtaining or maintaining employment or enjoying employment rights. It also prohibits discrimination in jobs that entail the same duties.
128.The Decree-Law also states that, without prejudice to the rights of working women enshrined in law, all legal provisions regulating employment are equally applicable to female workers, without discrimination. Under the law, moreover, it is forbidden for employers to dismiss or threaten to dismiss a female worker on grounds of pregnancy or during a pregnancy. Any termination of the employment relationship in such a case is considered arbitrary.
129.With a view to eliminating wage disparities between men and women, and consolidating the principle of equal pay for work of equal value, the law stipulates that women are to be paid the same wage as men if they perform the same work or other work of equal value. The law also states that the procedures, controls and criteria for determining what constitutes work of equal value are to be defined by decree of the Council of Ministers.
130.The Minister of Human Resources and Emiratization issued a decree concerning the non-discriminatory employment of women. The decree regulates nocturnal work, laying stress on the importance of a safe, healthy and ethical working environment to ensure that women are adequately protected. The decree also has the effect of abrogating all earlier legal provisions prohibiting the employment of women at night.
131.Any sexual harassment, bullying or verbal, physical or psychological violence against workers of either sex by employers, supervisors or co-workers is prohibited under Federal Act No. 33 of 2021. In addition, article 413 of Federal Decree-Law No. 31 of 2021 promulgating the Criminal Code contains a broad definition of sexual harassment that covers any kind of repeated actions, words or gestures that are immoral or have the aim of forcing a victim to respond to objectionable sexual desires. The article makes it clear that such acts constitute a crime punishable by law, and legislators have envisaged more severe penalties if the perpetrator has functional authority over the victim. Thus, in normal circumstances, such acts attract a term of imprisonment of not less than 1 year and/or a fine of not less than Dh 10,000, going up to imprisonment for not less than 2 years and/or a fine of not less than Dh 50,000 if the perpetrator has authority over the victim.
132.In the same context, Federal Act No. 9 of 2022 regarding domestic workers also prohibits any form of discrimination on grounds of race, colour, sex, religion or political opinion against domestic workers, just as it prohibits sexual harassment against them.
Recommendation contained in paragraph 20, concerning the sponsorship system
133.Federal Act No. 29 of 2021 on the entry and residency of foreign nationals, and its implementing regulations, have introduced a new system to govern entry and residence in the country, more in line with the current reality on the ground and aimed at making residents autonomous in the exercise of their professional and commercial activities.
134.The Committee should be aware that the United Arab Emirates has – under Council of Ministers Decree No. 65 of 2022 promulgating the implementing regulations of Act No. 29 of 2021 on the entry and residency of foreign nationals – recently developed a system to govern the entry and residency of foreigners in the country. The Act envisages a new visa system wherein residency and work are entirely separate and foreigners have the possibility of obtaining a variety of entry visas and residency permits. These include jobseeker visas and visas allowing foreign workers to bring in members of the family under simplified conditions.
135.In addition to this, foreigners are allowed to remain in the country for a period of between one and six months following the expiration or revocation of their residency. Moreover, the current legislation does not require workers to obtain a permit or prior approval from any party, including the employer, before leaving national territory. This effectively abolishes the kafalah system as it previously existed when workers were required to obtain an offer of work and a permit before entering the country.
136.As concerns labour legislation, Federal Decree-Law No. 33 of 2022 has reorganized the relationship between employers and workers, closing all the loopholes that had previously been exploited to abuse recruitment provisions under the kafalah system. Workers are now allowed to terminate the employment relationship at any time they wish and to move freely from one employer to another, under specific conditions that guarantee the rights of both parties. Furthermore, workers who have terminated an employment relationship and left the country may subsequently obtain a new work permit if they so wish, under certain conditions.
137.The new law has also helped to introduce greater flexibility into the labour market and to facilitate transition by eliminating the requirement – which existed in previous regulations – that the party terminating an employment relationship (worker or employer) compensate the other party if the termination occurred prior to the end of the contract period. The law now merely requires that notice be given within a minimum of 30 and a maximum of 90 days and that work must continue during the notice period (or compensation be provided). In this way, the law has abolished the previous policy whereby workers were suspended for six months if they terminated an employment relationship before having spent two years with an employer. Now they have the right to terminate their employment at any time, under the conditions set forth in the law, and to apply for a new permit to work for another employer, without having to wait six months.
138.The new law also sets clear criteria for the application of non-compete clauses, This is intended to ensure that such clauses are not abused to restrict a worker’s freedom of choice, with the stipulation that they are to be restricted in terms of time, place and type of work and to the extent necessary to protect legitimate business interests.
139.The law also prohibits employers from withholding a worker’s passport or any other of their identity documents, for any reason. Labour inspectors, who are responsible for monitoring compliance with the law, uncovered 137 cases in which workers’ passports were being detained; 91 of these were resolved by delivering the passports to the workers concerned, while 16 cases were referred to the Office of the Public Prosecution and the courts.
140.Under the new law, any worker whose rights have been violated has the right to terminate the employment relationship directly without respecting the notification period. Such workers have the right to apply to the Ministry of Human Resources and Emiratization in order to register a complaint against the employer concerned and to request the issuance of a temporary work permit until the dispute is resolved.
141.As regards domestic workers, Act No. 9 of 2022 guarantees them equal rights and allows them to change employers, under certain conditions and following certain procedures. Domestic workers also have the right to lodge complaints and to leave the country, if they so wish. Furthermore, the law envisages transparent contracting policies whereby workers are informed of the terms of their contract – such as wages and working conditions – to ensure that they can give their informed consent to a contract before leaving their country of origin. This prevents them being deceived by recruitment agents in sending countries using fake contracts of employment.
142.The new law, moreover, grants the Ministry alone – as the body responsible for regulating the labour market – the authority to allow a worker to move to a new employer, without the old employer having any influence on that decision and thus without having any power to apply pressure to the worker. Since the issuance of the new law, the number of cases in which domestic workers have moved to another employer amounted to 1,116 in 2020, 1,197 in 2021 and 651 so far in 2022. Furthermore, the new law has re-established governance in the recruitment industry and updated the legal framework regulating labour recruitment bureaux in the country to ensure that they are properly monitored and that workers do not suffer discrimination and are not charged any recruitment fees.
143.In addition, the new law prohibits all parties, including employers and recruitment bureaux, from withholding or retaining domestic workers’ passports, without their consent. In the period 2021/22, the Ministry of Human Resources and Emiratization received 2,896 labour-related complaints alleging the withholding of passports. Of these, 229 were handled amicably by the relevant department within the Ministry and the passport was handed over to the worker concerned, while 39 complaints were referred to the courts.
144.The Federal Authority for Identity, Citizenship, Customs and Port Security launched a “voluntary departure” initiative in 2020. The initiative, which was rolled out following a review of international best practices, envisaged the allocation of Dh 10 million for the leasing of aircraft and the purchase of tickets for the departure of 48,796 persons. Of them, 97.6 per cent were residents and visitors who were in violation of the law while 2.76 per cent departed during the COVID-19 pandemic. In addition to this, there were 283,179 workers who regularized their status then departed. This reflects the global values of toleration, humanity, understanding and generosity that distinguish the United Arab Emirates. Thanks to this, in a national study on societal happiness, conducted in 2020, 98.5 per cent of people reported feelings of protection and security and 95.4 per cent feelings of peace and internal harmony. Also in 2020, the United Arab Emirates achieved first place globally for the flexibility of its residency laws.
145.The Federal Authority for Identity, Citizenship, Customs and Port Security conducted a study into the decree allowing the return to the country of residents stranded abroad during the COVID-19 pandemic. The study covered 1.4 million residents from 18 sectors, divided into the following 3 categories: (1) Entry permits for doctors; (2) Entry permits for engineers and senior professionals; (3) Entry permits for domestic workers. This facilitated the reunification of families of residents and the re-composition of medical teams, thereby ensuring continuity in the provision of healthcare services in cooperation with the health authorities, in line with the priorities identified during the study.
146.The question concerning appropriate remedies has already been answered in replies to earlier recommendations. The term “sponsor” has, in line with State directives, been removed from all healthcare legislation. The purpose of the new entry and residency system is to improve the previous systems, close all the loopholes they contained and create new ways to enter and reside in the country.
Recommendation contained in paragraph 22, concerning the situation of foreign workers
147.Federal Act No. 29 of 2021 on the entry and residency of foreign nationals seeks to guard migrant workers against the risks of being employed without a legal contract of work that protects their rights, thus risking remaining in the country unlawfully or finding themselves in a position of vulnerability. The Act envisages penalties for anyone who exploits or attempts to exploit a foreigner, notably in article 25, which states: “Any person who employs, shelters or houses foreign nationals in violation of the provisions of the present Decree-Law is liable to a fine of Dh 50,000. Repeat offences attract a term of imprisonment in addition to a fine of Dh 50,000. Anyone who, having recruited foreign nationals for employment in accordance with the present Decree-Law, then fails to employ them or lets them work for third parties without following prescribed legal procedures is liable to the same penalty as set forth in paragraph 1 of the present article. In all cases, the fine is to be multiplied depending on the number of violators.”
148.The State has, since the previous report was submitted, updated its national legislation (in addition to the information given in the reply under paragraph 20 above) which seeks to combat exploitative labour practices such as failing to disburse wages on time, making workers pay recruitment fees, failing to pay workers’ dues and forcing them to sign fake documents stating that they have received those dues, making workers work long and exhausting hours, housing workers in unsuitable accommodation, making workers work in extreme afternoon temperatures or sexually harassing workers.
149.As already stated, labour legislation – notably Federal Decree-Law No. 33 of 2021 on the regulation of labour relations and Federal Decree-Law No. 9 of 2022 regarding domestic workers issued in 2021 and 2022, respectively – seeks to protect workers by upholding:
Protection against discrimination and sexual harassment, which are explicitly prohibited against workers of either sex in legislation that also sets forth the penalties for persons who commit offences in that regard.
The right to receive wages regularly and on the date specified in the contract.
The right to daily and weekly periods of rest and to annual leave and sick leave.
The right to an end-of-service indemnity.
A prohibition on charging workers recruitment fees and on levying any fees from them in return for recruitment.
The right to decent housing that respects privacy.
The right to retain identity documents.
The right to file complaints, to have recourse to labour tribunals and to bring cases before the courts without being subject to legal fees.
The right to terminate employment without incurring any consequences in the case of mistreatment or a rights violation.
150.In the latter case, legislation requires that workers be allowed to move to another employer and that the violating employer be required to pay due arrears or, depending upon the circumstances, that the matter be referred to the courts. According to article 45 of Act No. 33, workers have the right to leave their job without notice while still retaining all their labour rights, including end-of-service indemnity, if employers violate any of their obligations as set forth in the contract of employment or as envisaged in law. The same applies if it is shown that an employer or an employer’s legal representative assaults a worker, if workers suffer violence or gender-based discrimination (harassment) at work, if the workplace poses a serious threat to workers’ health and safety or, lastly, if the employer assigns a worker – without the latter’s written consent – with a task that is manifestly different from that agreed in the contract of employment. Under article 9 of the implementing regulations of the Domestic Workers Act, domestic workers can leave work without notice on the same grounds.
151.In monitoring compliance with this legislation, during the course of 2022 labour inspectors discovered 30 businesses that were making workers sign fake documents stating they had received their dues or that were seeking to circumvent the wage protection system by inputting false information. Administrative fines amounting to Dh 150,000 were imposed on those businesses, which were also compelled to pay arrears to their workers. In addition to this, a further 11 businesses were penalized for not providing accommodation that conformed to Ministry-approved standards. They faced administrative fines of Dh 280,000 and were required to improve the standard of accommodation. A ministerial decree is issued on an annual basis prohibiting work in the afternoon during the summer months, and fines are imposed on companies that fail to comply, with Dh 385,000 being levied in that regard in 2022.
152.Legislation requires employers to adhere to specific norms and envisages fines for those who fail to comply. The purpose of this is to protect workers against working without authorization or without a contract of employment, signing contracts that are not in line with the unified model contract approved by the Ministry of Human Resources and Emiratization or suffering delays in the renewal of their authorization or contract, all of which would potentially place them in an unlawful situation and, consequently, make them vulnerable to exploitation. During 2022, 6,720 violations were recorded, of which 34 were referred to the Office of the Public Prosecution. Parties found to have committed violations were fined a total of Dh 13,440,000 and required to regularize the situation of their workers or to authorize the workers to move to another employer.
153.Memorandums of understanding and cooperation protocols have been concluded with sending countries in order to regulate the procedures governing the recruitment and employment of foreign workers in the private sector and in domestic service. The intention of this is to provide workers with legal and functional protection against all forms of racial discrimination, via the following:
The adoption of a single unified contract for domestic workers and another for private sector workers, thereby ensuring similar terms and conditions for workers of all nationalities and leaving only the wages to be determined by agreement between the parties concerned, depending upon each worker’s qualifications and experience.
An agreement to cooperate in the design and running of training and guidance programmes to make workers aware of their rights and duties; in particular, their right to fair and non-discriminatory conditions of work.
Around 8.9 million workers have received guidance since the system was launched in 2019, and 10,000 educational brochures have been produced in 7 languages and made available in training centres and via the Ministry’s website. The centres were established in cooperation with the private sector in order to provide guidance to newly arrived workers, make them aware of their rights under labour law, explain the contract of employment and answer any questions they might have. They then sign the contract at the centre and are given a copy to keep. In addition, two courses for labour inspectors were held in 2022, with 48 inspectors attending.
154.Federal Act No. 51 of 2006 on combating trafficking in persons, as amended (most recently by Federal Decree-Law No. 24 of 2023 on combating trafficking in persons), criminalizes all forms of exploitative and forced labour, including slavery or practices similar to slavery or servitude. Offenders face terms of imprisonment ranging between 1 year and life, while legal persons face fines of between Dh 100,000 and Dh 1 million. Apart from the Act combating trafficking in persons, other laws also criminalize slavery and forced labour, including articles 397 and 398 of the Criminal Code. Federal Act No. 39 of 2006 regulating international cooperation in criminal matters, extradition agreements and agreements on international cooperation in criminal matters serves as the basis for the extradition of criminals, accused persons or suspects to judicial authorities for trial or enforcement of sentence, as well as the basis for judicial assistance in cases involving human trafficking.
155.The following actions have been taken with a view to monitoring and preventing any exploitative practices:
The Ministry of Human Resources and Emiratization has developed a smart inspection system, which monitors all recorded complaints and violations. These are then subjected to a risk analysis to come up with a list of workplaces with high rates of complaints, which are then prioritized for periodic inspection.
Labour inspectors have been issued with tablets containing a checklist of labour‑related conditions which inspectors must look out for and inquire about in the course of their visits. A template has been developed for violations the existence or repetition of which constitute a strong indication of exploitative practices. These include, for example, repeated complaints of the late or non-payment of wages, the non-payment of overtime or the excessive use of overtime work.
If a complaint related to exploitative labour practices is received, the labour inspection team travels immediately to the workplace concerned to ascertain the extent to which the employer is in compliance with the law. Gradual measures are then taken against the employer, starting with an administrative suspension, which includes a suspension on recruiting any additional workers, and ending with the imposition of deterrent fines. This continues until the violations are addressed and the situation is rectified. In the event of continued non-compliance, the casefile is referred to the department for labour disputes which initiates a mediation between the parties concerned or refers the matter to the courts.
If a worker’s allegation of exploitative labour practices is shown to be true, the worker will be granted a temporary work permit and allowed to move to another employer until the courts deliver their verdict.
As part of its actions to facilitate and accelerate the resolution of labour disputes and to settle workers’ arrears, the Ministry of Human Resources has launched an insurance system, with the costs for each worker being paid by the employer. Under the system, the insurer guarantees the direct and urgent payment of any arrears when employers fail to pay their dues on time, such as back wages, end-of-service entitlements, a ticket to return to the country of origin, overtime pay and holidays, if any. During the course of 2022, Dh 79,301,979 were disbursed via the system to pay the dues of 5,583 workers.
156.Regular training has been given to labour inspection and guidance teams, and courses and workshops are run on how to identify exploitative labour practices, while awareness‑raising campaigns for workers and employers seek to ensure that violations are not repeated.
157.Legislation regulating family reunifications has been updated, notably Federal Decree-Law No. 29 of 2021 on the entry and residency of foreign nationals and its implementing regulations. Under the Decree-Law, all workers in the country are allowed to bring in family members provided they meet a minimum income requirement. This aims to ensure that workers can meet the basic needs of their family members.
158.Workers can apply to bring in their parents, children and spouses who hold foreign passports. If the workers do not meet the necessary conditions, they can nonetheless submit an application on humanitarian grounds. These grounds cover foreign nationals whose countries are suffering wars, disasters or unrest, as well as foreign nationals who wish to bring in their relatives or the relatives of their spouse.
159.The Director of the Federal Authority for Identity and Citizenship issued Decree No. 43 of 2021, which includes provisions that affect prison inmates and persons being sought in connection with criminal cases. Most significantly, the Decree states that procedures affecting “inmates”, members of their families or persons who work for them, may be conducted via a family member or a legal representative. Moreover, persons who work for the inmate in question can transfer and update their residency permits and regulate their situation, while all procedures affecting family members and sponsors are duly taken in charge.
160.The Council of Ministers issued its Decree No. 5/46 of 2021 which, most importantly, grants residency to retired foreign nationals, without the need for a sponsor. The Decree also allows the foreign nationals to obtain one-year renewable residency for their own and their spouse’s parents and to recruit domestic workers.
Recommendation contained in paragraph 24, concerning pensions for foreign workers
161.Article 51 of Federal Act No. 33 of 2021 on the regulation of labour relations gives the Council of Ministers the authority to approve alternatives to the system of end-of-service indemnities, while still ensuring that workers are able to receive their end-of-service benefits, particularly in situations where the financial circumstances of the employer have deteriorated as a result of inflation, default or bankruptcy. This serves to ensure that workers are able to benefit from the work they have done outside their countries of origin by enabling them to grow and invest their savings and to gain interest on those savings via an investment system.
162.An alternative to the system of end-of-service indemnities was approved under Council of Ministers Decree No. 96 of 2023. Under the Decree – which is applicable on a voluntary basis to employers in the private sector and in the Free Zones, and to the workers there – employers make a monthly contribution into an investment fund that has been licensed to apply the system. Beneficiaries (the workers) then receive an end-of-service entitlement made up of the basic contributions allocated in their name and any resulting interest.
163.Workers may voluntarily increase the amount of the contribution to the system by any proportion they wish, either in the form of a lump sum or a monthly contribution, on condition that the amount of workers’ voluntary monthly contribution does not exceed 25 per cent of their wages and that it is not calculated as part of their end-of-service indemnity.
164.The Ministry of Human Resources and Emiratization has rolled out the Unemployment Insurance Act, which operates as a social protection umbrella for workers in the United Arab Emirates, both foreign nationals and citizens. The Act envisages contributions to ensure that workers have an unemployment income until they find a new job opening, thereby providing a dignified life for themselves and their families. Persons receive the payment, amounting to 60 per cent of their salary (up to a maximum of Dh 20,000, depending upon contributions), for three months from the date they become unemployed.
Recommendation contained in paragraph 26, concerning the protection of foreign domestic workers
165.The United Arab Emirates issued Federal Act No. 10 of 2017 which was then amended and updated in 2022 under Decree-Law No. 9 of 2022. The Act – which was drafted in the light of the ILO Domestic Workers Convention, 2011 (No. 189) – includes numerous provisions extending protection to domestic workers, as illustrated earlier in the present report and as explained below:
The Act stipulates that domestic workers have the right to receive their wages from the date they enter the country and not the date the contract was signed. The wages are to be paid on a monthly basis, and the burden of proof of payment rests with employers, who are required to produce a written receipt showing that they have disbursed the wages.
According to the Act, workers have the right to daily periods of rest amounting to not less than 12 hours, including at least 8 consecutive hours of sleep. They also have the right to paid annual leave of at least 30 days and 15 days of paid sick leave, followed by another 15 days without pay if the situation so requires.
The Act obliges employers to provide and furnish decent accommodation for resident domestic workers, such as guarantees their comfort and privacy. Employers are also required to treat workers well, to preserve their dignity and physical integrity, to guarantee the workers’ right to keep their own identification documents and to bear the costs of medical treatment in case of illness or injury, under the State’s own healthcare system.
As concerns freedom of movement, both the Act and the single unified contract stipulate that workers have the right to keep their own identity documents, including their passport. Neither the law nor current regulations require workers to obtain an exit permit or their employer’s approval before leaving the country.
As concerns sexual exploitation, as stated earlier the Domestic Workers Act (Federal Decree-Law No. 9 of 2022) prohibits employers and recruitment agents from mistreating workers in any way or subjecting them to discrimination or sexual harassment. The Criminal Code has also been amended to prohibit sexual harassment and to impose deterrent penalties on perpetrators of that offence.
166.In 2022, the Ministry of Human Resources and Emiratization issued a ministerial decree under which employers of five categories of domestic workers are required to pay those workers’ wages via the wage protection system. Under the decree, employers can pay the monthly wages of domestic workers online, via banks, exchange bureaux or accredited financial institutions. Employers acquire a number of advantages by registering in the wage protection system for domestic workers and using that system to pay their workers’ wages, namely: (a) Protection of their right to obtain proof of the wage payment; (b) Facilitated payment of wages; (c) A guarantee that workers will receive their wages on time; (d) The consolidation of the contractual relationship between employer and domestic worker.
167.In seeking to implement memorandums of understanding, agreements have been reached with certain countries of origin of domestic workers on a raft of measures aimed at improving labour protection. These measures include the payment of wages into bank accounts and the provision of free phone cards and mobile phones enabling domestic workers to communicate with their families and, if necessary, with the authorities. In this way, workers can also be provided with information via text messages. All this information is also shared with diplomatic missions to facilitate their communication with their own citizens.
168.It is not currently possible for the State to ratify the ILO Domestic Workers Convention, 2011 (No. 189) because national law does not provide the legislative coverage required for a certain number of provisions in the Convention. The United Arab Emirates is always looking to develop its legislation and can assure the Committee that it will consider ratifying the Convention once the appropriate legislative environment has been created.
Recommendation contained in paragraph 28, concerning the situation of Bidoon (stateless persons)
169.Over recent years, the United Arab Emirates has been giving serious attention to the issue of stateless persons, seeking to avoid provisional solutions and to tackle the problem at its roots. The State’s approach to the issue has been to ensure that persons in this category are able to obtain the nationality of their own country of origin and thereby attain a legal status that enables them to acquire fundamental rights and duties, on an equal footing with other members of society.
170.Although the United Arab Emirates has not signed the Convention on the Reduction of Statelessness, it nonetheless uses the templates and norms that instrument contains as a source and guide in its dealings with stateless persons, with a view to preventing statelessness from arising in the future.
Recommendation contained in paragraph 30, concerning nationality rights
171.Over the past five years, 12,722 children of female citizens have obtained Emirati nationality. It is perhaps important to note that the number of beneficiaries of the provisions of article 10 is constantly changing and that – with the issuance of Federal Decree-Law No. 16 of 2017 amending certain provisions of Federal Act No. 17 of 1972 on nationality and passports – the question relating to children of female citizens is no longer in any way out of the ordinary. Since then, in fact, this question has become simply one aspect of nationality laws and is dealt with as a matter of course by the Federal Authority for Identity, Citizenship, Customs and Port Security.
Recommendation contained in paragraph 32, concerning training courses on racial discrimination
172.Ever since its creation, the United Arab Emirates has striven to protect and promote cultural diversity via a framework of laws and policies. To that end, it has launched a raft of initiatives aimed at facilitating the coexistence of all persons within a single environment that guarantees diversity, and it has worked to consolidate these values and sink their roots in the life of society. This is one of the main pillars undergirding the national vision for development.
173.The Ministry of Tolerance and Coexistence has promoted an initiative aimed at forming a global alliance for tolerance that brings together individuals, institutions and representatives of different faith communities who operate in this field at the global level. The alliance runs an intensive annual programme of activities and events organized in all countries of the world. This provides a forum for ideas to converge, a framework for joint action that contributes to the well-being and prosperity of all and a global gathering for dialogue, education, exchange of knowledge and positive interaction between members of different civilizations, cultures and beliefs. The alliance thus contributes to promoting tolerance and coexistence and combating extremism, terrorism and racial discrimination.
174.The Ministry of Tolerance and Coexistence also organizes a variety of international initiatives to promote human solidarity and to address issues related to tolerance and problems of intolerance and discrimination. The initiatives focus on legislation and ideas with a view to exploring the legal, philosophical and religious aspects of tolerance and human dignity. Some of the more important forums and conferences organized by the Ministry are listed below:
A forum on international endeavours
A forum on communities
An international conference on “the concept of tolerance in legislation and the law”.
175.These events constitute a platform via which to exchange ideas and knowledge about tolerance and its role in promoting human dignity and coexistence. They are also an opportunity to discuss and address challenges and issues related to tolerance in different contexts.
176.Over recent years, the Ministry of Tolerance and Coexistence has been organizing an interfaith global summit which showcases how the United Arab Emirates embraces the world’s different religions and beliefs. The aim is to promote greater understanding, respect and cooperation between people of different faiths with a view to building a more peaceful and harmonious world. The summit encourages dialogue for a better understanding of the differences that make all persons, though unique and distinct in their beliefs, united by a common humanity. This serves to foster engagement with the world, to enhance coexistence and inclusiveness, to contribute to peaceful and sustainable coexistence everywhere and to combat extremism and discrimination.
177.The interfaith global summit is a high-level event organized by the Ministry of Tolerance and Coexistence which brings together leaders and representatives from different religions around the world. It seeks to promote dialogue, understanding and cooperation between persons of different faiths and to examine the ways in which religious communities can cooperate to address their common challenges and build a harmonious and inclusive society. The summit envisages a body of initiatives and activities designed to advance dialogue and collaboration among participants.
178.The Ministry of Justice and the Office of the Public Prosecution have organized the following courses and workshops regarding the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination.
|
Programme theme |
Target group |
Courses |
Participants |
Date |
|
|
1 |
Laws to combat racial discrimination |
Judicial officials |
1 |
23 |
2020 |
|
2 |
Laws to combat racial discrimination |
Judicial officials |
1 |
10 |
2019 |
|
3 |
Workshop on human rights and the judiciary |
Judicial officials |
1 |
26 |
2019 |
|
3 |
Laws to combat racial discrimination |
Military officials – Min. of Defence |
2 |
44 |
2018 |
|
4 |
Lecture on nationality and residency law |
General public |
1 |
80 |
2021 |
|
5 |
Cybercrime and child rights |
General public |
1 |
368 |
2022 |
|
6 |
Workshop on strategies to implement the Convention against Torture |
Judicial and law enforcement officials |
1 |
49 |
2022 |
|
7 |
Rights and duties of domestic workers |
General public |
1 |
81 |
2022 |
|
8 |
Rights and duties of domestic workers |
General public |
1 |
75 |
2022 |
179.For its part, the Ministry of the Interior has also organized initiatives, activities and training courses on the rights enshrined in the Convention. These include a conference on tolerance, moderation and dialogue in the face of extremism as well as workshops and seminars on hatred, which were held in the United States of America, Russia, France and Switzerland. The Ministry also took part in a mobile exhibition, which was part of the Interfaith Alliance for Safer Communities in Davos. Religious figures and heads of churches and places of worship have made 171 visits to inmates of correctional institutions, while the Ministry has provided cash backing to the amount of $100,000 for the global tolerance summit and has run training courses on “cultural diversity and tolerance” which were attended by 12,256 persons. In addition to this, a high-level committee for tolerance has been created as part of the Ministry of the Interior, which approves tolerance-related projects and initiatives and organizes the relevant training. The committee has conducted research into levels of tolerance among 409 Abu Dhabi police officials. It has also organized a series of awareness-raising activities under the name of “human brotherhood” with the involvement of 221 members of the public as well as a training module on “cultural diversity and tolerance in the field of human rights”. Furthermore, the committee has made field visits to councils representing various faith communities and has visited churches and other places of worship where it has run activities on tolerance, cultural diversity and how to counteract discrimination and hate.
180.The Ministry of the Interior accords great importance to training and qualifying its staff whom it seeks to imbue, irrespective of their area of specialization, with the necessary human rights-related skills. In particular, security personnel are trained in how to apply the principles enshrined in the International Convention on the Elimination of All Forms of Racial Discrimination. The Ministry has also produced leaflets and brochures in several languages aimed at all groups in society. This material includes a document setting forth the principles of professional conduct and ethics in police work (2021) one of the most important elements of which consists in non-discrimination on grounds of colour, sex, nationality, religion or belief. In addition, seminars and workshops focusing on the principles enshrined in the Convention are held for Ministry staff and for the public at large, as set forth in the following table.
|
Year |
No. of training courses |
Police officers |
Members of the public |
|
2018 |
94 |
5 482 |
2 308 |
|
2019 |
91 |
7 797 |
3 695 |
|
2020 |
99 |
6 759 |
6 531 |
|
2021 |
101 |
6 673 |
2 262 |
|
2022 |
124 |
7 426 |
1 021 |
181.The Federal Authority for Identity, Citizenship, Customs and Port Security continues to educate its staff by running training courses, awareness-raising programmes, lectures and workshops on human rights-related themes. Between 2018 and 2022, the following specialized human rights courses and workshops were held:
(a)Eight courses and workshops on combating human trafficking, successfully completed by 464 participants
(b)Twenty-six courses and workshops on document analysis and the detection of forgeries, successfully completed by 677 participants
(c)A specialized diploma on combating human trafficking, successfully completed by 2 participants
(d)Seventeen courses and workshops on human rights, successfully completed by 597 participants
(e)Twenty-eight courses and workshops on health and safety, successfully completed by 692 participants.
The following material intended to disseminate a human rights culture has been disseminated via the Federal Authority’s social media channels:
(a)Eighty brochures raising awareness about human rights
(b)Eighty-eight brochures raising awareness about trafficking in persons
(c)One hundred and forty-two brochures raising awareness about security issues
(d)Fifty thousand text messages to State functionaries
(e)Fifty-three lectures on human rights, combating human trafficking, tolerance and security awareness.
182.The Director of the Federal Authority for Identity, Citizenship, Customs and Port Security issued Decree No. 33 of 2020 regarding operational units. The Decree includes provision for the creation of a section for human rights and international cooperation, the activities of which include monitoring human rights-related complaints and disseminating a culture of human rights in areas relevant to the mandate of the Federal Authority.
183.The Director of the Federal Authority also issued Decree No. 5 of 2022 on the formation of a “tolerance committee” which works to sensitize other stakeholders about values of tolerance and coexistence.
National initiatives to promote tolerance
184.In 2019, the United Arab Emirates launched its national initiative to promote the role of the Government as an incubator for tolerance. This subsequently became a global undertaking with the roll-out of the “World Governments as Incubators of Tolerance” initiative in May 2023. Government institutions have undertaken several activities aimed at promoting tolerance, including the following:
(i)The Ministry of Tolerance and Coexistence has developed its “Champions of Tolerance” programme, which targets many groups in society such as young persons, families, State functionaries, schoolchildren and students at universities and police colleges. Between its launch in 2018 and January 2023, the “Champions of Tolerance” programme ran 54 three-day training courses. The programme, which covers all the Emirates, has been run in 84 federal and local entities with a total of 1,403 beneficiaries. Other beneficiaries include 930 students from educational institutions and 380 students at police college.
(ii)A committee for tolerance and coexistence has been set up in the Ministry of Health which works to raise awareness among ministerial staff about a tolerance-based values system; it also coordinates with other government agencies to run joint tolerance-related initiatives. A tolerance policy has been designed for the Ministry of Health, and 18 initiatives have been set in train to implement the policy, with 3,890 ministerial staff participating in tolerance-related initiatives.
(iii)A forum has been held to celebrate the Government’s role as an incubator for tolerance (the 2020 National Festival for Tolerance and Coexistence). Outreach extended to 29,937 people with messages aimed at promoting tolerance delivered via various media platforms (Ministry of Health).
(iv)The Ministry of Tolerance and Coexistence organized an international conference on “the role of tolerance and coexistence in sustaining economic growth and promoting investment”. The event, which took place on 10 May 2023, was held in Abu Dhabi.
185.Building on Decree No. 47 of 2021 of the Minister of Industry and Advanced Technology, the Government has launched an initiative to develop an Emirati tolerance and coexistence standard, which will be the first of its kind in the world. The standard – which was developed jointly by the Ministry of Tolerance and Coexistence and the Ministry of Industry and Advanced Technology – aims to stimulate tolerance and coexistence in organizations of all kinds, whether in the public, private or mixed sectors. The idea is that the promotion of tolerance and coexistence among individuals in the work environment will automatically reflect on the operation of institutions, on families and on the wider community.
Other recommendations
Recommendation contained in paragraph 33, concerning the ratification of other treaties
186.The United Arab Emirates continues to give serious consideration to the possibility of acceding to international human rights treaties and protocols. Accession to those instruments necessarily entails a number of consultative, operational and legislative considerations and, before embarking upon such a step for any treaty, the State must – if it is to comply with treaty provisions in the future – prepare the necessary legislative and institutional environment for the implementation of that treaty. The State is also in the process of updating its own domestic legislation in order to bring it into line with international conventions and standards.
187.The State reaffirms its commitment to protecting the rights of workers, who are considered to be partners in development. To this end, it has developed a body of laws and policies that regulates the employment of workers by seeking to protect their rights and creating a suitable working environment. The United Arab Emirates has made great strides in upholding rights and safeguards for migrant workers by enshrining guarantees for those rights in national legislation, in accordance with international standards, and providing decent livelihoods for them and members of their families in a tolerant society. This has had a positive effect on the socioeconomic and cultural standing of migrant workers and their relatives in the United Arab Emirates as well as on their health and education.
188.An examination of the ILO Domestic Workers Convention, 2011 (No. 189) has shown that some of the provisions it contains are not adequately covered by national legislation. For that reason, the decision to ratify the Convention has been deferred, and the matter will be considered when legislation regulating domestic work again comes under review.
189.As concerns the possibility of moving freely to another employer, articles 20 and 21 of Federal Act No. 9 of 2022 regarding domestic workers envisage the possibility for such workers to terminate their employment relationship, at any time and of their own initiative, under specific conditions. The same articles also envision their right to transfer to another employer. The Act explicitly states that the decision to grant a domestic worker a new work permit for another employer rests exclusively with the Ministry which may approve or reject the request in the light of its own policy and its assessment of the needs of the labour market. Neither the original employer of the domestic worker, nor the recruitment agency, have any influence on that decision.
Recommendation contained in paragraphs 34 and 35, concerning the Follow-up to the Durban Declaration and Programme of Action and the International Decade for People of African Descent
190.The State is committed to involvement in United Nations multilateral action in the area of human rights and actively participates in forums such as the Human Rights Council and the United Nations General Assembly, as well as in many international conferences on human rights and related matters. The State upholds it commitments and implements its obligations through laws and policies, including its legal framework.
191.The Durban Declaration and its outcomes and the International Decade for People of African Descent both serve as a guide in the development of national legislation, plans, policies and strategies to promote, protect and raise awareness about human rights.
192.Article 25 of the Constitution states: “All persons are equal before the law and there is to be no discrimination between citizens on the basis of race, nationality, religious belief or social position.” Article 32 stipulates: “The freedom to perform religious rites in accordance with established traditions is to be safeguarded, without prejudice to public order or public morals.” The United Arab Emirates promulgated Federal Decree-Law No. 2 of 2015 on combating discrimination and hate – subsequently amended by Federal Decree-Law No. 34 of 2023 – which criminalizes actions that entail the disparagement of religions and religious sites, combats all forms of discrimination and rejects hate speech by whatever means it might be expressed.
193.The State has legislative, judicial and regulatory procedures in place for cases involving racial discrimination or hate. The procedures aim to ensure the availability of means of redress; the right to complain without discrimination; access to justice, reparation and compensation; legal assistance for victims of such crimes; and protection for victims and witnesses. All these matters have already been mentioned in this report.
Recommendation contained in paragraph 36, concerning consultations with civil society
194.As part of the consultative processes for the preparation of the national report, the Standing Committee for Human Rights held a series of meetings with civil society, including one in May 2024 with representatives of civil society groups. The meeting served as an opportunity to discuss the report and to consider the role and opinions of civil society. The Standing Committee also organized workshops, forums and other events with civil society organizations and government agencies to discuss their proposals on the best ways to follow up on the outcome of the review of the previous periodic report and to monitor the implementation of recommendations. The outcomes of these meetings were integrated into the report. In addition to this, a workshop was organized in cooperation with civil society on 19 March 2023 to discuss the strategic human rights plan of the Ministry of the Interior 2023–2026.
Recommendation contained in paragraph 37, concerning the amendment to article 8 of the Convention
195.The United Arab Emirates continues to examine the possibility of ratifying amendments to the international treaties and protocols to which it has acceded, including those related to human rights. This is a procedural process that is dealt with dispassionately by State institutions, in line with national priorities. Before embarking upon such a step for any treaty, the State must – if it is to comply with treaty provisions in the future – prepare the necessary legislative and institutional environment for the implementation of that treaty.
Recommendation contained in paragraph 38, concerning the declaration under article 14 of the Convention
196.The United Arab Emirates continues to examine the possibility of ratifying amendments to the international treaties and protocols to which it has acceded, including those related to human rights. This is a procedural process that is dealt with dispassionately by State institutions, in line with national priorities.
197.Since making the declaration is an optional matter for States Parties, as stipulated in the Convention itself, States are free to decide when to make such a declaration, once the appropriate legislative conditions and administrative environment are in place.
198.There are already sufficient mechanisms in place at the national level, such as the National Human Rights Institution, to deal with any complaints or allegations of racial discrimination. Redress and reparation are also available through the national courts, which are independent.
199.The National Human Rights Institution was established in late 2021 as an independent entity, under Federal Act No. 12 of 2021 and in line with the Paris Principles as adopted by the General Assembly of the United Nations. The Institution has independent legal personality and enjoys financial and administrative independence in the exercise of its mandate and functions, which contribute to the promotion and protection of human rights.
Recommendation contained in paragraph 39, concerning the common core document
200.The common core document containing general information was drafted and submitted to the Office of the United Nations High Commissioner for Human Rights on 26 May 2022 under the symbol HRI/CORE/ARE/2022.
Recommendation contained in paragraph 10, concerning the dissemination of information
201.The Government of the United Arab Emirates seeks to ensure that human rights principles are firmly rooted among citizens and residents by disseminating a culture of human rights and complying with the provisions of international treaties that have been signed and ratified by the State. The Ministry of Justice posts the country’s laws and implementing regulations on its website in Arabic and English so that they are universally accessible. International human rights instruments are also published on the website.
202.Government agencies and State institutions print and distribute international human rights treaties and publish them on their own websites so that they are available for the general public to read and examine.
203.National legislation is available on the United Arab Emirates Legal Portal which contains, in both Arabic and English, the body of national legislation enacted since the establishment of the country in 1971. The portal is designed to enhance the understanding of the general public, specialists and all parties interested in the legal system of the United Arab Emirates, and to act as an archive of contemporary legal culture for future generations.