Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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

Autre commentaire sur C105

Observation

2020
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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 Act No. 15 of 1980. For a number of years, the Committee has been referring to the following provisions of Federal Act 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 amend the above provisions and to ensure that the ensuing amendments, which would be contained in the draft Act on media activities, would be in conformity with the Convention.

The Committee notes the Government’s indication in its report that the draft Act regulating media activities is still under consideration and has not been adopted to date. The Committee once again expresses the firm hope that the Government will take the necessary measures to amend or repeal the abovementioned provisions within the framework of the adoption of the draft Act 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 Act, 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 above-mentioned sections into conformity with the Convention.

The Committee notes the Government’s indication that the application of articles 318 and 320 is strictly limited and the number of cases in which the provisions of these articles have been applied are minimal and usually receive a suspended sentence with deportation. In this regard, the Government refers to Criminal Court judgement No. 12311/2002, issued in December 2002 against a certain person. The defendant has been accused of criticizing the principles of the Islamic religion and of possessing and disseminating publications and items offensive to this religion. The Public Prosecution charged him based on sections 318, 320 and 323 of the Penal Code. The person was sentenced to one year’s imprisonment, with deportation from the country. The Government adds that, the penalty of imprisonment was not applied in practice, and the Court settled for the deportation of the accused from the country on condition that he did not commit the same offence on the territory of the country within the next three years.

The Committee observes that, although the penalty of imprisonment was not applied in practice for this case, this does not imply an exemption of its application in other similar cases, as long as sections 317-320 of the Penal Code provide for sanctions of imprisonment, involving an obligation to work. The Committee, therefore, 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, for example, by limiting their scope to acts of violence or incitement to violence or by replacing sanctions involving compulsory labour with other kinds of sanctions, (such as fines) and that the Government will soon be in a position to report on the progress made in this regard. Pending the adoption of such amendments, the Committee requests the Government to provide information on the application in practice of sections 317–320, 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.