Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the Government’s report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Clause (a). Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that article 139 of the Constitution provides that military service is regulated by law. The Committee had recalled that, according to Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour and shall therefore be prohibited for children under 18 years of age. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to indicate whether the existing legislation prohibits the forced or compulsory recruitment of children under 18 years of age for use in armed conflict.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had noted the Government’s indication that, by virtue of section 363 of the Penal Code, it is an offence to incite or help a man or a woman to commit prostitution or immoral acts. According to the Government, section 365 of the Penal Code provides that a person who keeps or runs a brothel or a place where immoral acts are committed, commits a criminal offence. The Government had further stated that, by virtue of section 366 of the Penal Code, it is prohibited to exploit, by any means, the prostitution of a person or take advantage of the immoral acts committed by that person. The Committee once again urges the Government to provide information on the meaning of “immoral acts” under the abovementioned provision of the Penal Code and to provide examples of such acts.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had noted the Government’s indication that section 42 of Federal Law No. 4 of 2002 concerning money laundering provides that a person, who exposes a juvenile to vagabondage and delinquency or incites a juvenile to commit an offence, commits a crime. The Committee requests the Government to indicate whether the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, constitutes a crime pursuant to section 42 of Federal Law No. 4 of 2002.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee had previously noted that Ministerial Order No. 5/1 of 1981, which lists operations that are dangerous, arduous or detrimental to health, and prohibits the employment of young persons in those occupations, applies to young persons under the age of 17. It had further noted that the draft amended text of section 20 of the Labour Code states that persons under the age of 18 years may neither be employed in exhausting tasks nor in tasks which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. The Committee notes the Government’s information that the draft amended section 20 of the Labour Code will replace Ministerial Order No. 5/1 of 1981. It also notes the Government’s information that this amendment is contained in the draft amendments to the Labour Code approved by the Government, and is currently going through the constitutional channels for its adoption. The Committee hopes that the draft amended section 20 of the Labour Code will soon be adopted. It once again requests the Government to keep it informed of any progress, and to provide a text of the amended provision as soon as it has been adopted. It also requests the Government to indicate what types of hazardous work are prohibited to young persons under 18 years pursuant to the adoption of the draft amended section 20 of the Labour Code.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee had previously noted that, by virtue of section 1 of Ministerial Order No. 44/1 of 1980, labour inspectors are responsible for supervising the implementation of labour laws, and in particular the provisions regulating the employment of young persons. The Committee had also noted that labour inspectors are explicitly in charge of carrying out night inspections to check the working hours and employment of young persons and women (section 2(e) of Ministerial Decree No. 44/1 of 1980). Labour inspectors shall also prepare a monthly statistical statement which includes the number of inspections carried out, the number of establishments inspected, the number of complaints investigated, as well as the number of judicial proceedings (section 12 of Ministerial Decree No. 44/1 of 1980). Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the activities of labour inspectors, including the number of establishments inspected, the number of complaints investigated, the number of judicial proceedings and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Penal Code provides for sufficiently effective and dissuasive penalties for various offences, such as slavery (section 346); forced and compulsory labour (section 347); inciting a person under 18 years of age to commit prostitution or an act of debauchery (section 363); exploiting, by any means, the prostitution of a person or taking advantage of the immoral acts committed by that person (section 366). It had further noted that section 181 of the Labour Law states that a person violating the provisions on the employment of young persons is liable to a fine of a maximum of 10,000 UAE dirhams and a maximum of six months of imprisonment. It had also noted the Government’s information that the application of penalties specified in section 181 of the Labour Law comes in addition to the penalties specified by virtue of other laws, such as section 347 of the Penal Code. The Committee notes the Government’s information under Convention No. 138 that draft amended section 181 of the Labour Code, which contains additional details on penalties, shall be approved within the framework of the amendments to the Labour Code. The Committee requests the Government to provide information on any progress towards the adoption of draft amended section 181 of the Labour Code. It also requests the Government to provide information on the penalties applicable to anyone who employs children under 18 years in hazardous work in violation of the draft amended section 20 of the Labour Code.

Part V of the report form. Following its previous comments, the Committee notes the Government’s information under Convention No. 138 that, in view of the modest number of young persons employed in the private sector, there are no precise statistics thereon. It also notes the Government’s statement that amendments to the Labour Code will soon be adopted, which will help to establish a full system of information on the labour market, including information on young persons. The Committee requests the Government to provide, as soon as it becomes available, information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms 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.

The Committee hopes that the amendments to the Labour Code referred to by the Government in its report will be adopted soon, in order to bring national legislation in line with the Convention. It requests the Government to keep it informed on any progress made in this regard.