Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the Government’s first report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Clause (a). 1. All forms of slavery or practices similar to slavery. The Committee notes that, according to article 34 of the Constitution of 1971, slavery is prohibited. It also notes the Government’s indication that, by virtue of section 346 of the Penal Code, it is an offence to possess, purchase, or sell a person as a slave. The Committee requests the Government to provide a copy of the Penal Code.

2. Forced or compulsory labour. The Committee notes the Government’s indication that, by virtue of section 347 of the Penal Code, it is an offence to compel a person to work either for free or in return of payment.  It also observes that article 34 of the Constitution of 1971 provides that forced labour is prohibited except in certain circumstances provided for by the Law and in return for compensation. The Committee recalls that Article 3(a) of the Convention prohibits all forms of slavery or practices similar to slavery such as the forced or compulsory labour of children under 18 years. The Committee requests the Government to provide information on the exceptional circumstances under which forced labour is permitted.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that article 139 of the Constitution provides that military service is regulated by law. The Committee recalls 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. The Committee consequently requests the Government to provide a copy of the legislation prohibiting the forced or compulsory recruitment of children under 18 years of age for use in armed conflict and the applicable penalties.

Clause (b). 1. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes 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 further states 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 reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances is considered to be one of the worst forms of child labour, and is therefore prohibited. The Committee asks 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. It also asks the Government to indicate the legal provisions that clearly prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes 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 him/her to commit an offence, commits a crime. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee asks the Government to take the necessary measures to ensure that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is prohibited and that appropriate penalties are laid down in the law.

Article 3. Clause (d). Hazardous work. The Committee notes that, by virtue of sections 24 and 29 of Federal Law No. 8 of 1980 on Labour Relations, young persons under 17 years of age and women, irrespective of their age, shall not be employed on dangerous, arduous or unhealthy occupations. According to sections 23 and 27 of Federal Law No. 8 of 1980, young persons under 17 years of age and women shall not be employed at night (i.e. a period of 12 consecutive hours which include at least the period from 8 p.m. to 7 a.m. for young persons and women shall not be employed at night (i.e. a period of at least 11 consecutive hours that include the period from 10 p.m. to 7 a.m. for women). The Committee also notes the Government’s indication that it has drafted a project to amend Federal Law No. 8 of 1980 so as to prohibit the employment of young persons under 18 years of age in hazardous occupations. 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 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 accordingly requests the Government to take, without delay, the necessary measures to ensure Federal Law No. 8 of 1980 on Labour Relations is amended so as to prohibit the employment of young persons under 18 years of age in hazardous work.

Domestic workers and agricultural workers. The Committee notes that young persons under 17 years of age shall not be employed in hazardous work (section 24 of Federal Law No. 8 of 1980 on Labour Relations). However, it observes that, by virtue of section 3 of Federal Law No. 8 of 1980 on Labour Relations as amended by Federal Law No. 24 of 1981, the following workers are excluded from the application of Federal Law No. 8 of 1980 on Labour Relations: (a) domestic servants employed in private residences and the like; and (b) employees engaged in agriculture or grazing of animals, other than persons working in agricultural establishments which process their own products or are permanently employed to operate or repair mechanical equipment required for agricultural work. The Committee requests the Government to take the necessary measures to ensure that domestic workers and all agricultural workers under 18 years of age do not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that Ministerial Decree No. 6/1 of 1981, taken pursuant to Federal Law No.  8 of 1980 on Labour Relations, provides for a detailed list of types of work that are likely to harm the heath, safety or morals of females. The Committee notes, for instance, that women, irrespective of their age, shall not be employed in the following occupations: (i) underground work; (ii) glass melting and blowing; (iii) fireworks industries; (iv) asphalts works; (v) work in tanneries; (vi) loading and unloading material in the docks; (vii) making metallic compositions containing more than 10 per cent lead; and (viii) work in bars.

Noting the absence of a list of types of hazardous work that males under 18 years of age shall not perform, 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 male or female under 18 years of age performs 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 also reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation 1999 (No. 190). In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia to: (i) work which exposes children to physical, psychological or sexual abuse; (ii) work underground, underwater, at dangerous heights or in confined spaces; (iii) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (iv)  work in unhealthy environments which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (v) work under particularly difficult conditions such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer.

The Committee accordingly requests the Government to take without delay, the necessary measures to ensure that a list determining the types of hazardous work that shall not be performed by boys and girls under 18 years of age, will be adopted shortly, in consultation with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190, and not limit its consideration to work performed in factories. The Committee requests the Government to inform it of any developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Article 4, paragraph 3. Periodic examination of the list of hazardous work. The Committee observes that neither Ministerial Decree No. 6/1 of 1981 establishing the list of hazardous work prohibited for females nor Federal Law No. 8 of 1980 on Labour Relations provide for the periodic examination and revision as necessary of the list of types of hazardous work prohibited for females. The Committee reminds the Government that, by virtue of Article 4, paragraph 3, of the Convention, the list of the types of hazardous work shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the periodic examination of the list of hazardous work that females shall not undertake, and on consultations held thereon with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes that, by virtue of section 1 of Ministerial Order No. 44/1 of 1980, labour inspectors are responsible for supervising the proper implementation of labour laws, and in particular the provisions regulating the employment of young persons and women. They shall also inform the competent authorities of any loopholes in the law. According to section 2 of Decree No. 44/1 of 1980, labour inspectors shall periodically inspect the establishments covered by Federal Law No. 8 of 1980 on Labour Relations, receive complaints on violations of the provisions of the Federal Law and carry on relevant investigations. The Committee observes 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). The Committee requests the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per month, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. Joint committee for monitoring the implementation of legal provisions giving effect to the Convention. The Committee notes the Government’s indication that a joint committee composed of the Ministry of Labour and Social Affairs and the Ministry of Interior was set up to coordinate the application of the laws and regulations implementing the Convention. It further indicates that tripartite consultations were held between the Ministry of Labour and Social Affairs, the Federation of Trade and Industry and the Coordination Society of Occupational Associations, to discuss the obligations of the Government under the Convention. The Committee requests the Government to provide further information on the concrete measures taken by the joint committee to monitor the implementation of the laws and regulations concerning the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on this point. The Committee reminds the Government that, by virtue of Article 6 of the Convention, the Government shall design and implement programmes of action to eliminate as a matter of priority the worst forms of child labour. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in the United Arab Emirates.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s indication that, by virtue of section 346 of the Penal Code, a person who possesses, purchases, or sells a person as a slave is liable to temporary imprisonment. A person who compels a person to work is liable to one year’s imprisonment and a maximum fine of 10,000 Dirham (section 347 of the Penal Code). 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 or an act of debauchery shall be liable to two years’ imprisonment and a fine. 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 is liable to temporary imprisonment. The Government further indicates that, by virtue of section 366 of the Penal Code, a person who exploits, by any means, the prostitution of a person or takes advantage of the immoral acts committed by that person, is liable to five years’ imprisonment. The sentence will be aggravated if the victim is a young person. It also notes 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 him/her to commit an offence, commits a crime. The Committee asks the Government to provide information on the penalties imposed under section 42 of Federal Law No. 4 of 2002.

The Committee observes that section 34 of Federal Law No. 8 of 1980 on Labour Relations states that the following persons shall incur criminal liability in respect of violation of chapters 2 and 3 (on the employment of young persons and females) the aforementioned Law: (a) employers or their representatives; and (b) the guardians of young persons, if they consent to the employment of young persons or women contrary to the provisions of Federal Law No. 8 of 1980. The Committee also observes that Ministerial Decree No. 6/1 of 1981 listing the types of hazardous work that females shall not perform, does not provide for penalties. The Committee recalls 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. The Committee accordingly requests the Government to provide information on the applicable penalties for a person who employs young persons under 18 in breach of Federal Law No. 8 of 1980 and regulations based on it, as well as a copy of the relevant provisions.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, by virtue of section 1 of Federal Law No. 11 of 1972 on Compulsory Education, primary education is free and compulsory. It also observes that, according to UNICEF statistics on primary education, 98 per cent of children of primary school age were attending classes in 1999. The Committee nevertheless notes that, according to the Government’s statement, primary education is free and compulsory only for nationals. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to provide information on the measures taken or envisaged to provide free primary education to non-national children living in the United Arab Emirates.

Article 8. International cooperation. The Committee notes that the United Arab Emirates is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes the Government’s indication that the United Arab Emirates supports and provides assistance to poor, developing countries to combat poverty and promote education. The Committee asks the Government to provide further information on the support provided to other member States for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the Government's indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/78/Add.2, 24 October 2001, paragraph 242), data is being collected on the situation of children in the Emirate of Sharjah and in the United Arab Emirates as a whole. The Committee hopes that such data will include information on the number of children involved in the worst forms of child labour, the types of work performed by them, as well as an indication of the number of children withdrawn from the worst forms of child labour. It requests the Government to provide a copy of the data and to provide 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. To the extent possible, all information provided should be disaggregated by sex.