The approach taken by the United Arab Emirates since the Federation was established has been characterized by measured and steady progress leading to major successes and qualitative leaps based on the development of channels for political participation and the gradual creation of an electoral system designed to strengthen the powers of the Federal National Council and boost its role. In order to ensure that modernization bears fruit, the State - as mentioned in the address given by His Excellency the Head of State in 2005 - has adopted a clear timetable based on a gradualist approach, whereby each phase will be assessed separately and built upon before moving to the next stage.
The first stage, which was launched in 2006, involved the establishment of an electoral college, the members of which were chosen by the rulers of the Emirates. The college elected half the members of the Federal National Council, while the other half were appointed by the rulers of the Emirates. The aim of the second stage is to increase the membership of the Council and expand the Council’s powers, while the third stage will involve the holding of general elections to return half the members of the Federal National Council.
4.2 Women
Women occupy an important place in Emirates society. Ever since it was established in 1971, the State has taken an interest in improving the status of women and providing them with the skills they need to enable them to be active and productive members of society through their constructive participation in different areas of life. Legislative and legal measures adopted by the Emirates focus on the elimination of gender-based discrimination. Hence, the State has adopted several policies to guarantee the advancement of women and to enable women to exercise all their constitutional and legal rights (annex 3).
In implementation of the Constitution, legislation has been enacted affirming the principle of equal rights for men and women, such as the right to work, to social security and a pension, to own property, to manage business activities and assets, to have access to all educational and health services and housing, to equal pay and to benefits such as maternity and childcare leave, as guaranteed under the Civil Service Act. The fact that the Emirates has ratified the Convention on the Elimination of All Forms of Racial Discrimination against Women and is a member of the Commission on the Status of Women and the Commission for Social Development of the Economic and Social Council is a positive sign of the State’s determination to do everything possible to
provide women with opportunities to participate actively in sustainable development. According to the 2007-2008 Human Development Report, the United Arab Emirates is twenty-ninth out of a total of 177 States when measured against the gender empowerment indicator.
In the framework of the Beijing Platform for Action and the Convention on the Elimination of All Forms of Racial Discrimination against Women, the United Arab Emirates and its women’s organizations produced a document on boosting the role of women and ensuring their constructive participation in various domains. The document, entitled “National Strategy for the Advancement of Women in the Emirates”, was drawn up in close cooperation with the United Nations Development Fund for Women (UNIFEM). The aims and mechanisms set out in the strategy document focus on
a number of first principles of importance to society, in particular: the Constitution of the State; the constitutional provisions which provide guarantees and rights for women; and support for social cohesion, the preservation of identity and the effective and productive utilization of human resources, whether men or women.
The State took another step forward in 2006 when it launched a national initiative to include women in development issues in the United Arab Emirates and in all governmental and
non-governmental sectors and to promote gender equality in policies, programmes, projects and legislation in order to support sustainable development. Other objectives of the initiative include, improving the resources and building the capacities of women’s organizations and developing their partnerships with State and community structures. This step won international praise and support, and led to a partnership with the United Nations Development Programme.
By way of a contribution to the promotion of women’s political participation, the General Women’s Union launched a project in 2006 to promote the role of Arab women
parliamentarians within the framework of the UNIFEM strategy and plan of action for 2004-2008.
The purpose was to highlight best practices and useful lessons to be learned for the present and the future from working with Arab women parliamentarians and from the legislative issues that come to the fore in studying cases in the Arab States participating in the project.
In 2006, women’s political empowerment in Emirates society was given a significant boost when women were given two ministerial portfolios. That number was doubled in 2008 when four women were given ministerial portfolios in the government line-up and nine were elected or appointed as members of the Federal Nations Council (22.5 per cent of the members of the Council). This shows that the empowerment of women is both the responsibility of everyone in society and a part of reform and development plans.
The United Arab Emirates devotes tireless efforts to the eradication of illiteracy and the attainment of gender equality with regard to reading and writing skills among adults and young persons. As a result of these efforts and the cooperation of civil society organization, literacy rates among adult women (over 15 years of age) and young women (15-24 years of age) were 93 and 97 per cent respectively in 2005. In order to promote gender equality and empower women, the United Arab Emirates is working to eliminate gender gaps in primary and intermediate education by no later than 2015. The statistics on education show that the ratios of girls to boys in primary and intermediate education in 2005 were 94.8 and 92.6 per cent respectively. As for the ratios of girls to boys in secondary and university education, the corresponding figures were 106.7 and 181 per cent respectively in 2005.
The legislation of the State grants men and women equal rights in respect of work. In fact, women’s participation in the Emirates labour market is a matter of crucial importance. Hence, the State has taken all possible measures to encourage Emirates women to participate in the labour market. The female participation rate among nationals is approximately 59 per cent, with 30 per cent of women in senior decision-making positions. Women occupy approximately 60 per cent of technical jobs in the medical, nursing, pharmacy and teaching professions, and around 15 per cent of teaching positions in the University of the United Arab Emirates.
Furthermore, eight women were appointed to positions as under-secretaries of State and assistant directors in State institutions, according to the data for September 2005. The State has encouraged women to join the diplomatic corps and the legal profession, and women have been appointed as diplomats by the Ministry of Foreign Affairs. There were approximately 45 women diplomats in 2006, 10 of them working in embassies abroad, and women have also been appointed as deputy public prosecutors and judges.
Women are not only employed in the government sector but are also active in private sector as businesswomen. The total volume of business investments managed by over 11,000 women managers nationwide is estimated at Dh 14 billion.
4.3 The police and human rights
The police force is a regular civil corps with responsibility for maintaining security and public order in the country. The Ministry of the Interior places human rights at the top of its priorities, based on its strategy of focusing on justice, equality, probity and the protection of human rights as part of its vision and goals as a pathway to security and stability and a greater sense of safety in a multi-ethnic society. In order to promote honest conduct and respect for human rights, a police code of conduct setting out 33 behavioural rules and professional ethics has been adopted. Prior to their appointment, all members of the police must sign the code and undertake to abide by it. These rules require police officers, as officials who represent the State with regard to law enforcement, to: serve the community; uphold ethical standards; protect rights and freedoms; serve the cause of justice;
protect the rights of accused persons, persons convicted of offences and victims of crime; deal with all members of the community without exhibiting any bias or discrimination on grounds of colour, sex, nationality, religion, belief, language, age of social status; and to refrain, in all circumstances, from all forms of cruel or degrading treatment (annex 4).
The structure of the Ministry of the Interior includes several administrative units which monitor the behaviour of the police and refer complaints from the public to all police headquarters and general departments, in addition to the Office of the Inspector-General, which is an independent monitoring authority reporting directly to the Minister for Internal Affairs. Channels of
communication are open to the public to receive complaints about any errors which police officers may commit and to take whatever action is needed. This helps to promote the concepts of
community policing and social justice and to offer a high quality service to the community.
The Ministry of the Interior, through the diplomatic channel, sends diplomatic and consular missions tables containing data on their nationals in prisons. The figures show that a total of 1,273 prison visits were made by embassy and consular staff in 2007 and the first half of 2008, while the number of visits made by organizations, associations and the Red Crescent over the same period was 121 (annex 6).
4.4 The media
The National Media Council was established to oversee media issues. Media organizations in the United Arab Emirates have worked to make a qualitative leap in terms of professional and technical standards and the achievement of journalistic excellence. A total of seven Arab
newspapers and four English-language newspapers are published in the State, in addition to dozens of magazines and specialist periodicals. Television stations have expanded steadily with the advent of satellite broadcasting. Over 1,213 specialized companies now work in the Dubai Media City free zone, including 60 television companies which operate and broadcast the output of close to
150 television stations, and more than 120 publishing houses which produce around 400 titles.
A code of honour and professional ethics has been drawn up and signed by newspaper editors, defining the basic norms regulating the conduct of journalists and the ethical rules which journalists must follow when dealing with news items and sources. The Journalists’ Association examined the draft law on printing and publishing, presented its comments on it and forwarded them to the National Media Council.
The decision taken by the Vice-President and Prime Minister of the State to prohibit the imprisonment of journalists who may commit an error in the course of their work was very well received among all the circles involved in human rights work and among the members of the profession. The report of the “Reporters Without Borders” organization for 2007 ranked the
Emirates in sixty-fifth position out of 169 countries, which is a marked improvement on its ranking for 2006.
4.5 Migrant workers
The number of migrant workers in the Emirates is among the highest in the world. A total of 3,113,000 foreign workers of over 200 nationalities work in 250,000 enterprises. The wide opportunities for employment on offer help to create an open social climate in the country and to cement ties with neighbouring States and communities (annex 2).
Improving working conditions
The Emirates believes that human beings, including workers with temporary contracts, have the right to an adequate standard of living. Hence, the Vice-President and Prime Minister of the State, the ruler of Dubai, issued a number of directives to improve the living conditions of workers, on a continuous basis. The most important of these directives relate to: the creation of suitable workers’ housing in conformity with international standards; the provision of adequate means of transport; the establishment of federal tribunals to deal with labour disputes; guarantees of workers’
freedom of movement; and the articles of the Labour Code and decrees regulating the Code
guarantee to workers and employers the enjoyment of their rights. The Ministry of Labour has taken several steps to improve working conditions, such as requiring businesses with 50 or more
employees to submit every quarter tables certified by a public account showing that workers’ wages have actually been paid. In 2008, the Ministry introduced a regulation requiring enterprises to pay salaries through banks and other financial institutions.
In view of the soaring temperatures in the summer, since 2005, the Ministry of Labour has prohibited the performance of work under the direct sun from June to August, between the hours of 12.30 and 3 p.m., and decided to impose a fine of up to Dh 30,000 and to refuse to issue new work permits for a period of up to one year to companies which breach this prohibition. The Ministry does not issue collective work permits to enterprises in the construction industry and other sectors without proof that the employer will provide employees with adequate accommodation. Pursuant to a governmental directive on increasing the number of labour inspectors, the Ministry has stepped up its inspection visits in accordance with the Labour Code and international conventions. In 2007, its inspectors visited 122,000 enterprises, sanctioning 8,588 for breaches relating to working conditions and for violations of workers’ rights.
Labour disputes
Labour disputes reported by employees or employers are settled by a legal specialist within 14 days of the filing of the complaint. If no settlement is reached, the complaint is referred to a court (employees are not required to pay costs at any stage of proceedings). A total of 22,000 cases were settled in 2007, of which only 3,949, or 18 per cent, were referred to the courts. The legal specialist examines applications for the withdrawal of complaints about employees who abscond.
If the withdrawal of a complaint is approved and the complaint is deemed to have been a ruse on the part of the employer, the Ministry will cease all dealings with the enterprise for a one-year period and fine it Dh 10,000.
Labour tribunals
Labour tribunals were set up at the State level to process labour cases in an expeditious manner. Cases referred to these tribunals are exempt from legal fees at all stages of proceedings, including during the enforcement of judgements. The settlement of labour disputes was added to the functions of mediation and reconciliation boards in order to facilitate the consideration of these cases as an alternative to ordinary legal process.
Workers’ health insurance
Workers receive a health card to make it easier for them to have access to treatment, without having to pay for the card. The Emirate of Abu Dhabi has introduced a mandatory, comprehensive insurance policy which covers all workers, including those who work in residential homes.
The policy is paid for by the employer. The health insurance scheme adopted by Abu Dhabi will be rolled out to include the entire State.
International cooperation and initiatives to protect workers’ rights
As part of the Emirates’ efforts to improve the situation of workers, to take care of them, to raise their awareness and to ensure that they are not exploited in their States of origin, 10
memorandums of understanding were signed between December 2006 and December 2007 with labour-sending States in Asia (India, Pakistan, Bangladesh, the Philippines, Sri Lanka, Nepal, Thailand, China, Mongolia and Indonesia).
The Emirates furthermore hosted the Ministerial Consultation on Overseas Employment and Contractual Labour for Countries of Origin and Destination in Asia (the Abu Dhabi Dialogue) and the Gulf Forum on Temporary Contractual Labour in January 2008, which were organized with the help of the Council of Labour and Social Affairs Ministers of the Member States of the Gulf Cooperation Council, the International Organization for Migration (IOM), the International Labour Organization (ILO) and the Arab Labour Organization. The Abu Dhabi meeting established that labour-sending and receiving States have joint responsibility for ensuring that companies which import labour and all organizations involved in the employment of temporary contractual labour comply with the requirements of domestic laws regulating the sending of labour, and thus
contribute to the protection of workers’ rights. The meeting also recognized that labour-sending and receiving countries have joint responsibility for monitoring compliance by labour-importing
companies and all organizations involved in the employment of labour with domestic laws regulating the sending of workers.
Domestic workers
The Emirates pays considerable attention to the issue of domestic servants and domestic workers. In April 2007, the United Arab Emirates imposed a standard employment contract, applicable throughout the Federation, for persons employed to assist in the home and those with a similar status. The standard employment contract regulates the employment of persons in these categories consistent with the nature of the work and related tasks. It also covers other aspects such as health care, salaries, the duration of the contract, the provision of adequate rest breaks and access to treatment and health care under the health scheme in effect in the State. Salaries are set by
agreement between the two parties, and paragraph 1 of the contract stipulates the full amount of the salary to be paid at the end of each month. It also states that the two sides must sign a salary
statement, written in Arabic and English, as proof that the salary has been paid and received.
The sponsor must keep this document and present it on demand.
The State is in the process of drafting a bill on domestic service to cover domestic servants and persons with a similar status, and the constitutional formalities for its enactment will be carried out as soon as the draft is completed.
Expatriate clubs and associations
The State makes sure to adopt best practices and provide a decent life for persons residing in its territory. A wide range of expatriate associations, clubs and business associations have been established in the Emirates, helping to strengthen relations among residents in the State.
4.6 Combating human trafficking
In order to maintain its status as an active and committed member of the international community, the Emirates has taken action to implement a strategy focusing on four key areas:
(a) The development of legislation and laws on human trafficking issues. The State
promulgated the Federal Anti-Human Trafficking Act No. 51 of 2006, the first law of its kind in the Arab world. The Act prescribes severe penalties of up to life imprisonment. It covers all forms of human trafficking, including various forms of exploitation, child labour and trading in human organs;
(b) Empowering the authorities to use deterrents and preventive measures. In this regard, the Federal Government and local Governments have expanded the scope of anti-human trafficking laws. Reports show that 10 cases involving human trafficking had been filed by the end of 2007,
(b) Empowering the authorities to use deterrents and preventive measures. In this regard, the Federal Government and local Governments have expanded the scope of anti-human trafficking laws. Reports show that 10 cases involving human trafficking had been filed by the end of 2007,