Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Emirats arabes unis (Ratification: 1997)

Autre commentaire sur C105

Observation

2020
2016
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2012

Demande directe

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. 1. Federal Law No. 15 of 1980. For a number of years, the Committee has been referring to the following provisions of Federal Law No. 15 of 1980 governing publications and publishing, under which penal sanctions involving compulsory prison labour may be imposed (by virtue of sections 86 and 89 of the Penitentiaries Regulations Act No. 43 of 1992), for the violation of the following provisions:

-section 70: prohibition on criticizing the Head of State or the rulers of the Emirates;
-section 71: prohibition on publishing documents harmful to Islam, or to the Government, or to the country’s interests or the basic systems on which society is founded;
-section 76: prohibition on publishing material containing information shameful to the Head of State of an Arab or Muslim country or a country with friendly ties, as well as material which may threaten the ties of the country with Arab, Muslim or friendly countries;
-section 77: prohibition on publishing material which causes an injustice to Arabs or constitutes a misrepresentation of Arab civilization or cultural heritage;
-section 81: prohibition on publishing material which harms the national currency or causes confusion over the economic situation of a country.

The Committee requested the Government to take the necessary measures to bring the draft law on media activities into conformity with the Convention.

The Committee notes the Government’s indication that the draft law regulating media activities is still undergoing some legislative and constitutional procedures and a copy of the law will be provided when it is adopted. The Government also adds that the new draft law includes the following guarantees: (i) freedom of opinion and expression, whether reflected orally or by any other means; (ii) no censorship on the authorized media should be imposed; and (iii) no sanctions of forced labour can be imposed in cases of expressing political views opposed to the economic, political or social system. The Committee expresses the firm hope that the Government will take the necessary measures to repeal the abovementioned provisions within the framework of the adoption of the draft law on media activities, in order to ensure that no sanctions involving compulsory labour (including compulsory prison labour), can be imposed for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee also requests the Government to provide information on any progress made in the adoption of this draft law, as well as a copy of the text once adopted.

2. Penal Code. Over a number of years, the Committee has been drawing the Government’s attention to the incompatibility with the Convention of certain provisions of the Penal Code which prohibit the establishment of an organization or the convening of a meeting or conference for the purpose of attacking or mistreating the foundations or teachings of the Islamic religion, or calling for the observance of another religion, with such offences being punishable with imprisonment for a maximum period of ten years (sections 317 and 320). It also referred to sections 318 and 319 of the Penal Code pursuant to which a prison sentence could be imposed involving an obligation to work, on any person who is a member of an association specified in section 317, who challenges the foundations or teachings of the Islamic religion, proselytizes another religion or advocates a related ideology. The Committee expressed its firm hope that appropriate measures would be taken to bring the abovementioned sections into conformity with the Convention.

The Committee notes the Government’s indication that convicted persons benefit from the right to work with an adequate salary and in decent working conditions, in order to help them in their rehabilitation process. The Government also refers the Penitentiaries Regulations Act No. 43 of 1992 indicating that it does not include an obligation of employing specific categories of prisoners, as any person sentenced to a penalty which deprives him of his liberty carries out work for the purpose of rehabilitation. The Government finally states that there are no court decisions with regard to the application of sections 317–320 of the Penal Code.

Referring to its 2012 General Survey on the fundamental Conventions, the Committee points out that in the great majority of cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance on the application of the Convention, such as in the cases of the exaction of compulsory labour from common offenders convicted, for example, of robbery, kidnapping or other acts of violence or of having endangered the life or health of others, or numerous other offences. However, if a person is required to perform compulsory prison labour because she or he has expressed particular political views or views ideologically opposed to the established political and social system, the situation is covered by the Convention, which prohibits the use “of any form of compulsory labour” (including compulsory prison labour) as a sanction, as a means of coercion, education or discipline, or as a punishment within the meaning of Article 1(a) of the Convention (paragraph 300). In this regard, the Committee, once again expresses its firm hope that appropriate measures will be taken to bring sections 317–320 of the Penal Code into conformity with the Convention and that, pending the adoption of such measures, the Government will provide information on the application of sections 317–320 in practice, including copies of any relevant court decisions, and indicating the penalties imposed and the facts giving rise to the convictions.

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