Observación (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee takes note of the Government’s first report, and of the communications of the International Confederation of Free Trade Unions (ICFTU) dated 2 September 2002, 20 August 2003 and 17 June 2004. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the issues of trafficking of children can be examined more specifically under this Convention. The Committee requests the Government to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). Slavery and practices similar to slavery. 1. The sale and trafficking of children for camel racing. In its previous comments, the Committee had noted the Government’s indication that it is "aware of the seriousness of the issue of the trafficking in children for use as camel jockeys which is incompatible with its obligations" under the Convention. The Government also acknowledged that the present legal and practical measures adopted in this respect are insufficient to prevent completely the trafficking of children for the purpose of camel racing.

The Committee observes that, according to the ICFTU’s communication dated 17 June 2004, children continue to be trafficked from countries such as Bangladesh, Pakistan, Sudan and Yemen for the purpose of camel racing in the United Arab Emirates. The ICFTU indicates that, in 2004, Anti-Slavery International obtained pictures of dozens of camel jockeys who appeared to be aged 6-14 years. The photographs were taken in January 2004 at the Nad Al Sheba Race course in Dubai. The ICFTU also highlights that, between October 2003 and February 2004, several Bangladeshi boys aged 4-7 years were trafficked to the United Arab Emirates to work as camel jockeys. Among these children, eight boys are still thought to be working as camel jockeys.

The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children under 18 for labour exploitation is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee expresses its serious concern about the situation of children who are trafficked to the United Arab Emirates to work as camel jockeys. The Committee accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to ensure that no children under 18 years are trafficked to the United Arab Emirates for labour exploitation, including camel racing. The Committee asks the Government to provide information on progress made in this regard.

2. The sale and trafficking of children for sexual exploitation. In its communication dated 20 August 2003, the ICFTU indicates that, according to a report of the International Organization for Migration (IOM) ("Shattered dreams - Report on trafficking in persons in Azerbaijan" of 2002), girls are trafficked to the United Arab Emirates for sexual exploitation. The girls involved originate from Azerbaijan, The Russian Federation and Georgia, as well as other countries. Referring to the IOM report, the ICFTU states the authorities of the United Arab Emirates make no distinction between prostitutes and victims of trafficking, all of whom bear equal criminal responsibility for involvement in prostitution. The ICFTU points out that trafficked persons are consequently not treated as victims and are not supported or protected.

The Committee notes the Government’s indication that section 346 of the Penal Code states that "whoever brings into or out of the country any person with the intent to possess or dispose of that person and whoever possesses, purchases or sells a person as a slave commits an offence". Section 363 of the Penal Code provides that it is prohibited to abet, entice or induce a male or a female to commit prostitution.

The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children under 18 for sexual exploitation is considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly invites the Government to take, without delay, the necessary measures to ensure that children under 18 years of age are not trafficked to the United Arab Emirates for sexual exploitation.  It also asks the Government to take the necessary measures to ensure that children trafficked for sexual exploitation are treated as victims rather than offenders. Finally, it requests the Government to provide information on effective measures taken or envisaged to remove children who are trafficked for sexual exploitation from prostitution and to provide for their rehabilitation and social integration.

Clause (d). Hazardous work. In its previous comments, the Committee had noted the conclusions of the Conference Committee on the Application of Standards in June 2003, according to which numerous underage children continue to be used as camel jockeys. It had also taken note of the concern expressed by the Conference Committee about the hazardous nature of this activity. It had further noted the adoption of Order No. 1/6/266 of 22 July 2002 which prohibits the employment of children under 15 years of age and who weigh less than 45 kg as camel jockeys.

In its communication dated 20 August 2003, the ICFTU indicates that the use of children as jockeys in camel racing is extremely dangerous, and can result in serious injuries and even death. Some children are deprived of food and beaten by their employers. The Committee notes the ICFTU’s indication that child jockeys are often separated from their families, and cannot speak Arabic; consequently, they are completely dependent on their employers and more likely to be exploited.

The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, the Government shall take the necessary measures to ensure that no children under 18 years of age perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that camel jockeys under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety.

Article 5. Monitoring mechanisms. Police. In its previous comments, the Committee had noted the Government’s indication to the direct contacts mission that inspections carried out by the police during camel racing have contributed to reducing the number of children trafficked to this end.

In its communication dated 17 June 2004, the ICFTU indicates that there is evidence that the prohibition to employ children under 15 years of age as camel jockeys is not properly enforced. Indeed, it points out that in a documentary broadcast by the Australian Broadcasting Corporation on 25 February 2003, the police were seen, during a camel race, escorting a group of very young camel jockeys on a bus while other officials attempted to stop the filming.

Noting the absence of information in the Government’s report on this point, the Committee requests the Government to provide its observations on the ICFTU’s comments. The Committee also requests the Government to provide information on the number of investigations conducted by the police, the places investigated and the number of offences registered. It also asks the Government to provide information on the concrete measures taken to train the police in investigating child trafficking issues and the use of underage camel jockeys.

Article 7, paragraph 1. Penalties. 1. Trafficking of children for camel racing. In its previous comments, the Committee had noted that the Government provided copies of three judicial rulings concerning the trafficking of children. The first ruling in November 2002 concerned a national of Sudan, a trainer of camel jockeys, who was convicted to three months’ imprisonment for the accidental death of a juvenile jockey. Another ruling, dated 13 December 2002, convicted two nationals of Pakistan to three years’ imprisonment for the abduction and sale of two children. A third ruling of 14 May 2003, convicted a national of Sudan to three months’ imprisonment and deportation for the falsification of a passport indicating that the two young persons were his sons. The Committee notes that, according to the Government, section 346 of the Penal Code states that whoever brings into or out of the country another person with the intent to possess or dispose of that person, and whoever possesses, purchases or sells a person as a slave, is liable to temporary imprisonment.

In its communication dated 17 June 2004, the ICFTU states that the trafficking of young children aged 4-12 for camel racing has occurred each year for the last six years, and is publicly known. However, the ICFTU points out that, according to the information given by the Government itself to the direct contacts mission, prosecutions of those exploiting trafficked children in camel races remain rare.

The Committee reminds the Government that, by virtue of Article 7, paragraph 1 of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee accordingly asks the Government to provide information on the measures taken to ensure that persons who exploit children in camel racing are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It also asks the Government to continue to provide information on court rulings related to the trafficking of children for labour exploitation as well as the penalties imposed.

2. The trafficking of children for sexual exploitation. The Committee notes the Government’s indication that, by virtue of section 346 of the Penal Code, a person who brings another person into a country or takes him/her out of the country, with the intent to take possession or dispose of that person, is liable to temporary imprisonment. The Government also indicates that, by virtue of section 363 of the Penal Code, a person who incites or helps a person under 18 years of age to commit prostitution shall be liable to two years’ imprisonment and a fine. The Committee asks the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Time-bound and effective measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. In its previous comments, the Committee had noted that the Committee on the Application of Standards, at the International Labour Conference in June 2003, expressed its deep concern about the fact that numerous underage children were trafficked and enslaved as camel jockeys. It had also noted that the Government accepted to receive a direct contacts mission from 18 to 22 October 2003 as recommended by the Conference Committee. It had further noted that, according to the report of the direct contacts mission, the measures adopted to combat the trafficking of children included the adoption of the Decision of the Ministry of Interior of 20 January 2003, which prohibits the employment of children under 15 years of age as camel jockeys. This decision compels a person who claims to be the parent of a camel jockey under 15 years of age to undertake DNA tests to establish their relationship thereby preventing children from entering the country and living with persons who brought the children to the United Arab Emirates for the purpose of exploiting them as camel jockeys. The Government provided the mission with a list of 42 camel jockeys who were repatriated in compliance with the Decision of the Ministry of Interior of 20 January 2003. The Committee asks the Government to continue to provide information on effective and time-bound measures taken to eliminate the trafficking of children for camel racing and the results achieved.

Article 8. International cooperation. In its previous comments, the Committee had noted that the Ministry of Interior contacted countries where child victims of trafficking originate. According to the Government, it has contributed to reducing the number of children trafficked to the United Arab Emirates to work as camel jockeys. Thus, cooperation between the United Arab Emirates and countries of origin of trafficked children resulted in the repatriation to Pakistan of 86 children working as camel jockeys in 2002, and 21 children in early 2003. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/SR.795, Summary record, 10 June 2002) that it was willing to cooperate with other countries if camel racing was causing concern to the international community. The Committee asks the Government to provide information on the countries with which it has cooperated to eliminate the trafficking of children to work as camel jockeys, the types of cooperative measures taken and the results achieved.

Part IV of the report form. The Committee requests the Government to provide a copy of available data on the trafficking of children for camel racing and sexual exploitation, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the extent and trends of this form of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Noting the Government’s statement that the present legal and practical measures adopted are insufficient to prevent completely the trafficking of children for the purpose of camel racing, the Committee reminds the Government that it may avail itself of ILO technical assistance for this purpose.

The Committee is also addressing a direct request to the Government concerning other detailed points.