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Title: United Arab Emirates Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
UNITED ARAB EMIRATES
The United Arab Emirates (UAE) is a federation of seven Emirates
established in 1971. None has any democratically elected institutions
or political parties. Each emirate retains control over its own oil and
mineral wealth and some aspects of defense and internal security,
although the Federal Government asserts primacy in most matters of law
and government. Traditional rule in the emirates has generally been
patriarchal, with political allegiance defined in terms of loyalty to
the tribal leaders.
Political leaders in the emirates are not elected, but citizens may
express their concerns directly to their leaders via traditional
mechanisms, such as the open majlis, or council. In accordance with the
1971 Provisional Constitution, the seven emirate rulers comprise a
Federal Supreme Council, the highest legislative and executive body.
The Council selects a President and Vice President from its membership;
the President in turn appoints the Prime Minister and Cabinet. The
Council meets occasionally, although the leaders meet frequently in more
traditional settings. The Cabinet manages the Federation on a day to
day basis.
Each emirate maintains its own police force, but only the Federal
Government and the Emirate of Dubai have independent internal security
organizations.
The UAE has a free market economy based on oil and gas production,
trade, and light manufacturing. The Government owns the majority share
of the petroleum production enterprise in the largest emirate, Abu
Dhabi. The Emirate of Dubai is likewise an oil exporter, as well as a
growing financial and commercial center in the Gulf. The remaining five
emirates have negligible petroleum or other resources and therefore
depend in varying degrees on federal government subsidies, particularly
for basic services such as health care, electricity, water, and
education. The economy provides citizens with a high per capita income,
but it is heavily dependent on foreign workers, who comprise at least 80
percent of the general population.
The Government continued to restrict human rights in a number of areas;
e.g., denial of the right of citizens to change their government, and
limitations on the freedoms of speech, press, assembly, association, and
worker rights. Women continue to make progress in education and in the
work force, but some types of discrimination persist. The press
continued to avoid direct criticism of the government and exercised
self-censorship.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killings
There were no reports of political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
There were no reports of torture. The Provisional Constitution
prohibits torture or degrading treatment. Shari'a courts frequently
impose flogging on Muslims found guilty of adultery, prostitution, and
drug and alcohol abuse. In practice, flogging is administered in
accordance with Shari'a so as to prevent major or permanent injuries.
The individual administering the lashing traditionally holds a Koran
under the arm and swings the whip using the forearm only. According to
press accounts, punishments for adultery and prostitution have ranged
from 80 to 200 lashes. Individuals convicted of drunkenness have been
sentenced to 80 lashes.
During the year, two Muslims aged 16, who had been convicted of
kidnaping and attempted sexual assault, were sentenced to
50 lashes each, while two other Muslim teenagers, convicted of deadly
traffic violations, each received 30 lashes administered in public.
After several judicial reviews, a Filipina domestic worker, Sarah
Balabagan, was sentenced in October to 1 year imprisonment and 100
lashes to be followed by deportation on charges related to the killing
of her employer. See Section 6.e. Authorities carried out the
lashings, 20 each time, during the period January 30 to February 5,
1996. Reports indicated that Balabagan showed no visible signs of
injury.
The Federal Supreme Court ruled in 1993 that convictions in the Shari'a
courts do not necessarily require the imposition of Shari'a penalties on
non-Muslims, but sentences have been carried out in a few cases. For
example, in July the Supreme Court rejected an appeal filed by a non-
Muslim convicted of public drunkenness and sentenced to receive 39
lashes.
No amputations were known to have been carried out.
In central prisons holding long-term inmates, cells may hold 8 to 10
prisoners. They are provided with food, medical care, and adequate
sanitation facilities, but sleep on blankets on concrete floors. The
central prisons are not air-conditioned during the intense heat and
humidity of the summer. Prisoners normally may receive visitors up to
three times each week, and may also make occasional telephone calls.
d. Arbitrary Arrest, Detention, or Exile
The Provisional Constitution prohibits arrest, search, detention, or
imprisonment except in accordance with the law. The laws of each
emirate prohibit arrest or search without probable cause.
Under the Criminal Procedures Code, the police must report arrests
within 48 hours to the Attorney General, who must determine within the
next 24 hours whether to charge, release, or order further detention
pending an investigation. The Attorney General may order detainees held
for up to 21 days without charge. After that time, the authorities must
obtain a court order for further detention without charge.
Although the Code does not specify a right to a speedy trial,
authorities bring detainees to trial in reasonable time. There is no
formal system of bail, but the authorities may temporarily release
detainees who deposit money or an important document such as a passport.
The law permits incommunicado detention, but there is no evidence that
it is practiced.
The Provisional Constitution prohibits exile, which is not practiced.
e. Denial of Fair Public Trial
The Provisional Constitution provides for the independence of the
judiciary. There is a dual system of Shari'a (Islamic) and civil
(secular) courts. The civil courts are generally part of the federal
system and are answerable to the Federal Supreme Court, located in Abu
Dhabi, which has the power of judicial review as well as original
jurisdiction in disputes between emirates, or between the Federal
Government and individual emirates.
The Shari'a courts are administered by each emirate, but are also
answerable to the Federal Supreme Court. In 1994 the President decreed
that the Shari'a courts, and not the civil courts, would have the
authority to try almost all types of criminal cases. The decree did not
affect the emirates of Dubai, Umm Al-Qaiwain, and Ras Al-Khaimah which
have lower courts independent of the federal system.
Legal counsel may represent defendants in both court systems. Under the
new Criminal Procedures Code, the accused has a right to counsel in all
cases involving a capital crime or possible life imprisonment. Only the
Emirate of Dubai has a public defender's office. If the defendant is
indigent, the Government will provide counsel. The Supreme Court ruled
in 1993 that a defendant in an appeals case has a "fundamental right" to
select his attorney and that this right supersedes a judge's power to
appoint an attorney for the defendant.
There are no jury trials. A single judge normally renders the verdict
in each case, whether in Shari'a or civil courts. All trials are
public, except national security cases and those deemed by the judge
likely to harm public morality. Most judges are foreign nationals,
primarily from other Arab countries; however, the Ministry of Justice
has trained some UAE citizens as judges and prosecutors.
Each court system has an appeals process. Death sentences may be
appealed to the ruler of the emirate in which the offense was committed,
or to the President of the Federation. Defendants are presumed innocent
until proven guilty. Non-Muslims tried for criminal offenses in Shari'a
courts may receive civil penalties at the discretion of the judge.
Shari'a penalties imposed on non-Muslims may be overturned or modified
by a higher court. During the year, the Federal Supreme Court rejected
an appeal by a non-Muslim sentenced to lashing (see Section 1.c.).
The military has its own court system based on Western military judicial
practice. Military tribunals try only military personnel. There is no
separate national security court system.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Provisional Constitution prohibits entry into homes without the
owner's permission, except in accordance with the law. Although the
police may enter homes without a warrant and without demonstrating
probable cause, an officer's actions in searching premises are subject
to review, and he is subject to disciplinary action if he acts
irresponsibly. Officials other than a police officer must have a court
order to enter a private home. Local custom and practice place a high
value on privacy, and entry into private homes without the owner's
permission is rare. There is no known surveillance of private
correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Provisional Constitution provides for freedom of speech,
most people, especially foreign nationals, refrain from criticizing the
Government in public. All published material is subject to Federal Law
15 of 1988, which stipulates that all publications, whether books or
periodicals, should be licensed by the Ministry of Education. It also
governs content and contains a list of proscribed subjects. Mindful of
these provisions, journalists censor themselves when reporting on
government policy, the ruling families, national security, religion, and
relations with neighboring states.
Many of the local English and Arabic language newspapers are privately
owned, but receive government subsidies. In early 1995, the Government
ordered the indefinite suspension of a Muslim, Arabic language weekly
magazine, Al-Islah. Foreign publications are routinely subjected to
censorship before distribution.
All television and radio stations are government owned and conform to
government reporting guidelines. Satellite receiving dishes are
widespread and provide access to international broadcasts without
apparent censorship. Censors at the Ministry of Information and Culture
review imported newspapers, periodicals, books, films, and videos and
ban any material considered pornographic, violent, derogatory to Islam,
favorable to Israel, unduly critical of friendly countries, or critical
of the Government or the ruling families.
In July an Iranian national acquitted in a slander case against the
Sharjah government was later sentenced to death for heresy, because he
claimed during the trial that he had been divinely ordained. Although
he has refused to appeal the death sentence, it has not been carried
out.
The unwritten but generally recognized ban on criticism of the
Government also restricts academic freedom, although in recent years
academics have been more open in their criticism.
b. Freedom of Peaceful Assembly and Association
These freedoms are tightly restricted. Organized public gatherings
require a government permit. Each emirate determines its own practice
on public gatherings. Some emirates are relatively tolerant of seminars
and conferences on sensitive subjects.
Citizens normally confine their political discussions to the numerous
gatherings or majlis, held in private homes. There are no restrictions
on such gatherings. However, private associations must follow the
Government's censorship guidelines if they publish any material.
Unauthorized political organizations are prohibited.
c. Freedom of Religion
Islam is the official religion of all the emirates. Citizens are
predominantly Sunni Muslims, but Shi'a Muslims are also free to worship
and maintain mosques. In 1993 the Emirate of Dubai placed private
mosques under the control of its Department of Islamic Affairs and
Endowments. This move gave the Government control over the appointment
of preachers and the conduct of their work. Throughout the emirates,
most mosques are government funded or subsidized, and the Ministry of
Awqaf and Religious Affairs ensures that clergy do not deviate from
approved topics in their sermons.
Non-Muslims are free to practice their religion but may not proselytize
publicly or distribute religious literature. Major cities have
Christian churches and Hindu and Sikh temples, some built on land
donated by the ruling families. Other religious communities (mostly
expatriates residing in Dubai and Abu Dhabi) include Ismailis, Parsis,
and Iranian Baha'is. The Government permits foreign clergy to minister
to expatriate congregations. Non-Muslim religious groups are permitted
to engage in private charitable activities and to send their children to
private schools.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
There are no limitations on freedom of movement or relocation within the
country, except for security areas such as defense and oil
installations.
Unrestricted foreign travel and emigration are permitted to male
citizens except those involved in financial disputes under adjudication.
A husband may bar his wife and children from leaving the country without
his permission. All citizens have the right to return. There is a
small population of stateless residents, many of whom have lived in the
UAE for more than one generation. They are Bedouins or the descendants
of Bedouins who are unable to prove that they are of UAE origin.
Citizens are not restricted in seeking or changing employment. However,
foreign nationals in specific occupations, primarily professional, may
change employers without first leaving the country for 6 months. This
law is often not enforced.
The Government does not have any formal procedures for accepting
refugees. It may detain persons seeking refugee status, particularly
non-Arabs, while they await resettlement in a third country. There is
no formal procedure for naturalization, although foreign women receive
citizenship by marriage to a UAE citizen, and anyone may receive a
passport by presidential fiat.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
There are no democratically elected institutions, and citizens do not
have the right to change their government or to form political parties.
Although there are consultative councils at the federal and emirate
levels, most executive and legislative power is in the hands of the
Federal Supreme Council. The seven emirate rulers, their extended
families, and those persons and families to whom they are allied by
historical ties, marriage, or common interest wield most political power
in their own emirates. Decisions at the federal level are generally
made by consensus of the sheikhs of the seven emirates and leading
families.
A federal consultative body, called the Federal National Council (FNC),
consists of advisers appointed by the rulers of each emirate. The FNC
has no legislative authority but may question ministers and make policy
recommendations to the Cabinet. Its sessions are usually open to the
public.
The choice of a new emirate ruler falls to the ruling family in
consultation with other prominent tribal figures. By tradition, rulers
and ruling families are presumed to have the right to rule, but their
incumbency ultimately depends on the quality of their leadership and
their responsiveness to their subjects' needs. Emirate rulers are
accessible, in varying degrees, to citizens who have a problem or a
request.
Tradition rather than law has limited the social role of women. Women
are free to hold government positions, but there are few women in senior
positions. Although the small Shi'a minority has enjoyed commercial
success, few Shi'a Muslims have top positions in the Federal Government.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
There are no independent human rights groups. Government restrictions
on freedom of the press and public association make it difficult for
such groups to investigate and publicly criticize the Government's human
rights restrictions. However, in September the Emirate of Dubai
announced the formation of a human rights section within its police
force to monitor any allegations of human rights abuses.
A few informal public discussions of human rights have taken place in
recent years, such as a seminar in December 1992 and an international
symposium in late 1993. These events, along with some press coverage of
selected local human rights problems, have led to a small increase in
public awareness of human rights.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Provisional Constitution provides for equality before the law with
regard to race, nationality, religious beliefs, or social status.
However, there is institutional and cultural discrimination based on
sex, nationality, and religion.
Women
There are few reports of spousal abuse. When reported, the local police
authorities may take action to protect women from abuse. The laws
protect women from verbal abuse or harassment from men, and violators
are subject to criminal action. There continue to be credible reports
of abuse of female domestic servants by some UAE and foreign employers
(see Section 6.e.).
Most women play a subordinate role in this family-centered society
because of early marriages and traditional attitudes about women's
activities. As noted in Section 2.d., husbands may bar their wives and
children from leaving the country, and a married woman may not accept
employment without her husband's written consent. Islamic law is
applied in cases of divorce. Mothers receive custody of their children
under 7 years of age. Older children live with their fathers unless
judicial authorities decide otherwise. Courts usually grant custody to
the father regardless of the child's age in divorce cases in which the
mother is a Muslim or a foreigner. A woman who remarries forfeits her
right to the custody of children from a previous marriage. Islamic law
permits polygyny.
Women are restricted from holding majority shares in most businesses. A
woman's property is not commingled with that of her husband. Women who
work outside the home generally receive equal pay for equal work, but do
not receive equal benefits, such as housing, and may face discrimination
in promotion. In June the UAE Cabinet provisionally extended paid
maternity leave for citizen women in the private sector to 3 months at
full pay from 45 days, and up to 1 year's leave at half pay and a second
year's leave at quarter pay.
Women continue to make rapid progress in education. They constitute
over 75 percent of the student body at the National University in Al-
Ain, largely because women, unlike men, rarely study abroad.
Opportunities for women have grown in government service, education,
private business, and health services.
According to UAE government figures, 16.3 percent of the country's
workforce in 1995 was female.
Women are officially encouraged to continue their education, and
government-sponsored women's centers provide adult education and
technical training courses. The Federal Armed Forces accept female
volunteers, who may enroll in a special training course started after
the Gulf War. The Dubai Police College recruits women, many of whom are
deployed at airports, immigration offices, and women's prisons. As of
mid-1995, about 85 women had graduated from the college.
The law prohibits cohabitation by unmarried couples. The Government may
imprison and deport noncitizen women if they bear children out of
wedlock. In the event that the courts sentence women to prison for such
an offense, local authorities will hold the newborn children in a
special facility until the mother's release and deportation. Children
may remain in this facility longer in the event of a custody dispute.
Children
The Government is committed to the welfare of children. Children who
are citizens receive free health care, free education, guaranteed
housing, and other perquisites of citizenship. A family may also be
eligible to receive aid from the Ministry of Labor and Social Welfare
for sons and daughters who are under the age of 18 or unmarried or
disabled. There is no pattern of societal child abuse.
People with Disabilities
There is no federal legislation requiring accessibility for the
disabled. However, the Ministry of Labor and Social Affairs sponsors
centers which provide facilities and services to the disabled. Services
range from monthly social aid funds, special education, and
transportation assistance to sending a team to the Special Olympics.
National/Racial/Ethnic Minorities
Discrimination based on national origin, while not legally sanctioned,
is prevalent (see Section 2.d.). Employment, immigration, and security
policy, as well as cultural attitudes towards foreign workers, are
conditioned by national origin.
Section 6 Worker Rights
a. The Right of Association
There are no unions and no strikes. The law does not grant workers the
right to organize unions or to strike. Foreign workers, who make up the
bulk of the work force, risk deportation if they attempt to organize
unions or to strike.
Since July the UAE has been suspended from the U. S. Overseas Private
Investment Corporation insurance programs because of the Government's
lack of compliance with internationally recognized worker rights
standards.
b. The Right to Organize and Bargain Collectively
The law does not grant workers the right to engage in collective
bargaining, which is not practiced. Workers in the industrial and
service sectors are normally employed under contracts that are subject
to review by the Ministry of Labor and Social Affairs. The purpose of
the review is to ensure that the pay will satisfy the employee's basic
needs and secure a means of living. For the resolution of work-related
disputes, workers must rely on conciliation committees organized by the
Ministry of Labor and Social Affairs or on special labor courts.
Labor laws do not cover government employees, domestic servants, and
agricultural workers. The latter two groups face considerable
difficulty in obtaining assistance to resolve disputes with employers.
While any worker may seek redress through the courts, this puts a heavy
financial burden on those in lower income brackets.
In Dubai's Jebel Ali Free Zone, the same labor laws apply as in the rest
of the country.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is illegal and not practiced. However, some
unscrupulous employment agents bring foreign workers to the UAE under
conditions approaching indenture.
d. Minimum Age for Employment of Children
Labor regulations prohibit employment of persons under age 15 and have
special provisions for employing those aged 15 to 18. The Department of
Labor enforces the regulations. Other regulations permit employers to
engage only adult foreign workers. In 1993 the Government prohibited
the employment of children under the age of 15 as camel jockeys and of
jockeys who do not weigh more than 45 kilograms. The Camel Racing
Association is responsible for enforcing these rules. Otherwise, child
labor is not permitted.
e. Acceptable Conditions of Work
There is no legislated or administrative minimum wage. Supply and
demand determine compensation. However, according to the Ministry of
Labor and Social Affairs, there is an unofficial, unwritten minimum wage
rate which would afford a worker and family a minimal standard of
living. As noted in Section 6.b., the Labor and Social Affairs Ministry
reviews labor contracts and does not approve any contract that
stipulates a clearly unacceptable wage.
The standard workday and workweek are 8 hours a day, 6 days per week,
but these standards are not strictly enforced. Certain types of
workers, notably domestic servants, may be obliged to work longer than
the mandated standard hours. The law also provides for a minimum of 24
days per year of annual leave plus 10 national and religious holidays.
In addition, manual workers are not required to do outdoor work when the
temperature exceeds 45 degrees Celsius (112 degrees Fahrenheit).
Most foreign workers receive either employer-provided housing or housing
allowances, medical care, and homeward passage from their employers.
Most foreign workers do not earn the minimum salary of $1,090 per month
(or $817 per month, if a housing allowance is provided in addition to
the salary) required to obtain residency permits for their families.
Employers have the option to petition for a 1 year ban from the work
force against any foreign employee who leaves his job without fulfilling
the terms of his contract.
The Ministry of Health, the Ministry of Labor and Social Affairs,
municipalities, and civil defense units enforce health and safety
standards. The Government requires every large industrial concern to
employ a certified occupational safety officer. An injured worker is
entitled to fair compensation. Health standards are not uniformly
observed in the housing camps provided for foreign workers. Workers'
jobs are not protected if they remove themselves from what they consider
to be unsafe working conditions. However, the Ministry of Labor and
Social Affairs may require employers to reinstate workers dismissed for
not performing unsafe work. All workers have the right to lodge
grievances with ministry officials, who make an effort to investigate
all complaints. However, the Ministry is understaffed and
underbudgeted; complaints and compensation claims are backlogged.
Rulings on complaints may be appealed within the Ministry and ultimately
to the courts. However, many workers choose not to protest for fear of
reprisals or deportation. The press periodically carries reports of
abuses suffered by domestic servants, particularly women, at the hands
of some employers. Allegations have included excessive work hours,
nonpayment of wages, and verbal and physical abuse.
During the year, several highly publicized cases involving Filipina
maids highlighted the conditions of domestic workers of all
nationalities. In one case, 16-year-old Sarah Balabagan was initially
sentenced to 7 years in prison for killing her employer, who she claimed
had raped her. After a retrial, an Islamic court sentenced Balabagan to
death; however, following an intervention by the UAE President, the
victim's family agreed to accept monetary compensation as permitted
under Islamic law. An appeals court subsequently overturned the death
sentence and sentenced Balabagan to 1 year imprisonment and 100 lashes
to be followed by deportation. The court also required her to pay
approximately $41,000 in monetary compensation to the family of her
former employer.
(###)
[end of document]
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