Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Emirats arabes unis (Ratification: 2001)

Autre commentaire sur C182

Observation

Demande directe

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Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Slavery and practices similar to slavery. Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted that section 346 of the Penal Code prohibits the trafficking of children, and section 363 prohibits abetting, enticing or inducing a male or a female to commit prostitution. The Committee also noted that, by virtue of Federal Act No. 51 of 2006, anyone who traffics a boy or girl under 18 years of age for all forms of sexual exploitation or prostitution is liable to life imprisonment.

The Committee notes the Government’s information in its report that, in 2012, four lawsuits were registered for the commercial sexual exploitation of children, involving nine persons who were convicted and sentenced to penalties of imprisonment. The Committee encourages the Government to pursue its efforts to ensure that persons who traffic in children for the purpose of sexual exploitation are, in practice, prosecuted, and that sufficiently effective and dissuasive penalties are imposed. It once again requests the Government to continue to provide information on the number of infringements reported, investigations, prosecution, convictions and penal sanctions applied for violations of the legal prohibition on the sale and trafficking of children for commercial sexual exploitation.

Article 5. Monitoring mechanisms. National Committee to Combat Human Trafficking (NCCHT). In its previous comments, the Committee noted that the NCCHT met frequently, and that from 2008 to 2012, it took numerous measures to address the problem of trafficking.

The Committee notes the additional information provided by the Government on the measures taken by the NCCHT in 2013. Among these measures, the Committee notes that the NCCHT, in collaboration with the ILO, the United Nations Office on Drugs and Crime, the Regional Office of the High Commissioner on Human Rights in the Middle East, and representatives of relevant bodies responsible for law enforcement, met at a regional symposium in January 2013 entitled “Combating human trafficking from a labour market perspective”. The objectives of this symposium included learning the best practices in combating this phenomenon and offering protection to victims, and predicting the perspectives for collaboration among the social partners in the fight against trafficking. The NCCHT, in collaboration with the Dubai Police and the Dubai Airport Corporation, also launched an awareness-raising campaign in order to inform the public of the hazards of human trafficking crimes at Dubai Airport, which is targeting a large segment of residents and visitors to the United Arab Emirates (UAE). The Committee once again requests the Government to provide concrete information on the impact of the measures taken by the NCCHT and other institutions on combating child trafficking for labour or sexual exploitation. In this regard, it requests the Government to provide information on the number of children who were prevented from sale and trafficking through the various awareness-raising and cooperation measures taken by the NCCHT and the Government.

Article 7(2). Effective and time-bound measures. Clause(b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking for sexual exploitation. The Committee previously urged the Government to ensure that all children under 18 years of age trafficked to the UAE for sexual exploitation were treated as victims rather than offenders. In this regard, the Committee noted the Government’s information that a draft Child Protection Law was in the process of review and finalization. The draft Child Protection Law specifies that the penalties which may be imposed by a court on a delinquent child – defined as a person who has not completed his or her 18th year of age – include reprimands, the handing of the child to the authorities, the obligation to perform specific duties, working in the public interest, or consigning to one of the care or rehabilitation institutions appropriate to the case. The draft Child Protection Law also provides that child victims of trafficking shall be placed in care institutions. In this regard, the Committee noted the Government’s detailed information regarding the role of the sheltering centre set up to welcome and care for victims of trafficking and sexual exploitation, the main functions of which are rescue, care, rehabilitation, follow-up and prevention.

The Committee notes the Government’s indication that the Council of Ministers adopted the draft Child Protection Law in order to prepare for its promulgation in the UAE. The Committee also notes the Government’s indication that, at its 31st Session, on 7 October 2013, the NCCHT adopted a decision which established a Fund for the support of human trafficking victims, as well as assist them by providing them with financial support to facilitate their lives and compensate them for the damage inflicted upon them.

The Committee notes that, in its report, the Government provides statistics on the number of prosecutions and convictions with regard to human sale and trafficking, as well as the commercial sexual exploitation of persons. It notes the Government’s indication that, in 2012, there were nine child victims of commercial sexual exploitation. However, the Committee observes that the Government provides no information on the measures taken to rehabilitate these child victims, as well as the child victims of commercial sexual exploitation or trafficking detected in the previous years. The Committee requests the Government to take the necessary measures to ensure the promulgation of the draft Child Protection Law, and to provide detailed information on the application of its provisions to child victims of trafficking for sexual exploitation, along with its next report. It also requests the Government to provide concrete information on the results attained through the implementation of the measures taken to ensure the rehabilitation and social integration of all child victims of trafficking and commercial sexual exploitation under 18 years of age. In this regard, it requests the Government to provide information on the number of child victims of trafficking who have benefited from financial assistance through the Fund for the support of human trafficking victims.

The Committee is raising other points in a request addressed directly to the Government.