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[ Country-by-Country Reports ]
UNITED ARAB EMIRATES (TIER 2)
[Extracted from U.S. State Dept TIP Report, June 2008]
The United Arab Emirates (U.A.E.) is a
destination country for men and women trafficked for the purposes of labor
and commercial sexual exploitation. Women from India, Sri Lanka, Bangladesh,
Indonesia, Ethiopia, Eritrea, and the Philippines travel willingly to the U.A.E. to work as domestic servants, but some
subsequently face conditions of involuntary servitude such as excessive work
hours without pay, unlawful withholding of passports, restrictions on
movement, non-payment of wages, and physical or sexual abuse. Similarly, men
from India, Sri Lanka, Bangladesh, and Pakistan are drawn to the U.A.E. to work in the construction industry, but are
often subjected to similar conditions of coercive labor and to debt bondage
as they work to pay off recruitment costs sometimes exceeding the equivalent
of two years’ wages. Women from Uzbekistan, Kyrgyzstan, Ukraine,
Russia, Kazakhstan, Armenia, Azerbaijan, Ethiopia, Eritrea, Somalia, Uganda,
India, Pakistan, Afghanistan, China, the Philippines, Iraq, Iran, and Morocco
are reportedly trafficked to the U.A.E. for
commercial sexual exploitation. Some foreign women were reportedly recruited
to work as secretaries or hotel workers by third country recruiters, but were
coerced into prostitution or domestic servitude. The U.A.E.
may also serve as a transit country for women trafficked into forced labor in
Oman, and men deceived into working involuntarily in Iraq. During the last
year, there were no new reports of children identified as trafficked for the
purpose of camel jockeying, and the U.A.E.
repatriated at least three former child camel jockeys from Sudan.
The Government of the United Arab Emirates does not fully comply
with the minimum standards for the elimination of trafficking, but is making
significant efforts to do so. An active anti-trafficking committee chaired by
a cabinet-level official coordinated the U.A.E.’s
anti-trafficking efforts. The government increased prosecutions, convictions,
and sentences for sex trafficking offenders; trained law enforcement officers
on anti-trafficking methods; opened a shelter for victims of trafficking; and
continued its efforts to support former child camel jockeys and reached
agreements to provide compensation to them. Nonetheless, the U.A.E. did not aggressively prosecute or punish acts of
trafficking for forced labor, despite potential of a widespread problem among
domestic and low skilled foreign workers.
Recommendations for the U.A.E.: Continue to increase
law enforcement efforts to identify, prosecute and punish acts of sex
trafficking; significantly increase law enforcement efforts against labor
trafficking, including prosecuting and punishing employers and recruiters who
defraud or abuse workers; significantly increase protection services
available for victims of trafficking, particularly victims of forced labor;
and institute a formal procedure to proactively identify victims of
trafficking among vulnerable populations, such as foreigners arrested for
prostitution or immigration violations.
Prosecution
The U.A.E. government made progress in prosecuting acts of
sex trafficking over the last year, but showed limited efforts to punish
forced labor. The U.A.E. prohibits all forms of
trafficking through Federal Law No. 51, which prescribes penalties ranging
from one year to life imprisonment. Prescribed penalties under this law are
sufficiently stringent and commensurate with those for other grave crimes,
such as rape. The U.A.E.’s labor law,
however, does not sufficiently protect workers in domestic service, making
them vulnerable to forced labor. During this reporting period, the U.A.E. prosecuted and convicted 15 individuals for sex
trafficking; their sentences ranged from nine months’ to 10
years’ imprisonment. The U.A.E. government
also reported investigating an additional seven trafficking suspects and
filing charges against six others for sex trafficking. Nonetheless, criminal
law enforcement efforts against trafficking for forced labor remain severely
inadequate; despite continuing reports of widespread and prevalent conditions
of labor exploitation, the government referred only one recruitment agent for
prosecution, but reported no convictions or punishments for such crimes. To
improve their capacity and technical skills, the government trained law
enforcement officers, prosecutors, and judges on anti-trafficking
investigation and prosecution techniques. The government also hired over 200
new labor inspectors, bringing the total to approximately 425 inspectors to
enforce labor laws; these inspectors went through three-month training
courses in labor law and other key skills in identifying and addressing labor
violations, including trafficking-related offenses.
Protection
During the
reporting period, the Government of the U.A.E. made
noticeable, but uneven, efforts to protect victims of trafficking. In July,
Dubai authorities opened a government shelter for victims of abuse, including
victims of trafficking. Between October 2007 and March 2008, this shelter
provided rehabilitation services to 28 trafficking victims, four of whom were
minors. Government officials and NGOs may refer victims to this shelter.
Although the government trained law enforcement officers on victim
sensitivity, the U.A.E. continues to lack a formal
and comprehensive procedure to proactively identify victims of trafficking
among vulnerable populations, such as foreign women detained and charged for
prostitution violations and those arrested for immigration violations. As a
result, some victims of trafficking who do not identify themselves to
authorities are detained and automatically deported for unlawful acts as a
result of being trafficked. Women who formally identify themselves as
trafficking victims may access governmentprovided
temporary housing in hotels, counseling, medical care, and repatriation aid
in Dubai. Until the opening of the government shelter, the Dubai government
also referred self-identified victims to an NGO-sponsored shelter. Because
the U.A.E. does not offer victims long-term legal
alternatives to removal to source countries where they may face retribution,
however, many victims are reluctant to report being trafficked. Officers in
police stations reportedly encourage victims to assist in trafficking
investigations, but many victims still fear arrest, deportation, or
retribution from their traffickers. Importantly, victims who agree to testify
against their traffickers receive incentives that encourage them to stay in
the U.A.E. and cooperate, such as shelter and
alternative employment pending a trial. In practice, government authorities
continue to interpret the anti-trafficking law to exclude some who have been
forced into commercial sexual exploitation or labor. For instance, victims
who willingly come to the U.A.E. with the intent of
entering into prostitution may be treated as criminals and deported
regardless of any victimization that may occur after their arrival.
Similarly, the U.A.E. generally does not recognize
males forced into labor as trafficking victims, particularly if they are over
the age of 18 and entered the country voluntarily. As such, victims of forced
labor who run away from their sponsors may be arrested and automatically
deported for immigration violations.
Prevention
The U.A.E. has made impressive efforts to prevent trafficking
this year. To address the issue of non-payment of wages, which contributes to
the debt bondage of some workers, the Ministry of Labor announced in October
2007 that salaries of foreign workers must be paid through an electronic
system that can be monitored; this nascent system is increasing, but is not
yet uniform. To support child camel jockeys and prevent re-trafficking, the U.A.E. committed approximately $8 million to UNICEF to
aid repatriated camel jockeys; separately, the U.A.E.
signed Memoranda of Understanding with Pakistan, Bangladesh, Sudan, and
Mauritania to establish claims facilities to compensate former child camel
jockeys for their injuries. The Emirati government
provided $15 million in financial assistance to a global UN conference on
trafficking. The government did not make significant efforts to raise public
awareness of trafficking issues domestically, such as among Emirati employers of foreign workers. Similarly, the
government did not initiate a significant public awareness campaign to reduce
the demand for commercial sex acts. Dubai authorities shut down two
nightclubs notorious for prostitution of foreign nationals. The government
did not institute an awareness program targeted for nationals traveling to
known child sex tourism destinations abroad. The U.A.E.
has not yet ratified the 2000 UN TIP Protocol.
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