'Spreading the concept of human rights is a basic right'

The UAE has released its first national human rights report, which was submitted in September to the United Nations Human Rights Council and will be discussed at the organisation's Geneva headquarters on December 4.

The report was compiled under the framework of a periodic review programme under which the human rights records of all member states are evaluated every four years.

The report includes the government's views on women's status, labour issues, media freedom and other political and social issues. Following are excerpts from the report:

Enhancing political participation

The UAE' progress from the establishment of the Federation has been marked by its balanced and firm steps that have accomplished major successes and qualitative transformations through the development of avenues for political participation and adopting a gradual election system that strengthens the authorities of the Federal National Council and empowers its role.

In order for the progress to be fruitful, the state adopted a clear timetable of gradual steps so that each stage may be evaluated independently and built upon before moving to the next stage, as outlined in the speech of President His Highness Shaikh Khalifa Bin Zayed Al Nahyan in 2005.

The first stage, launched in 2006, included the formation of an Electoral College, whose members were selected by the rulers of the emirates.

The council elected half of the members of the Federal National Council, and the other half was appointed by the rulers of the emirates.

The second stage aims to increase the members of the council and expand its authorities. The third and final stage will include full general elections for half of the members of the Federal National Council.

Women

The Constitution affirms the principle of equality of rights between men and women, such as the right to work, social security, pension, property, business management, money, and to enjoy all services related to education, health, housing, and equal pay, as well as privileges such as maternity leave and child care guaranteed by the civil service law.

The State also took another effective step in March 2006 when it launched a national initiative to integrate women in development issues in the UAE and all governmental and nongovernmental sectors; strengthen the concept of gender equality in policies, programs, projects, and legislature; support sustainable development; and improve the abilities and build capabilities of women's organisations and develop their partnership with state institutions and society.

This step was greeted with international esteem and support, and a partnership with the United Nations Development Programme (UNDP).

In 2006, the Emirati society witnessed a tangible enhancement of women's political empowerment, when women were appointed to two ministerial portfolios (later increased to four in 2008).

Nine women (elected and appointed) became members of the Federal National Council (22.5% of the Federal National Council's members), which confirms the focus on empowering women as the responsibility of all members of society, and as a part of reform and development plans.

Legislature in the State provides equal rights to men and women in the workplace. Participation of women in the Emirati work market is essential and vital, so the State is taking all measures to increase the participation of Emirati women in the work market.

Women's participation reached approximately 59% of the indigent work force, including 30% of top-ranking, decision-making positions.

Women fill approximately 60% of technical positions, including medicine, nursing, pharmacy, and teaching, as well as approximately 15% of faculty seats at the University of the UAE.

Eight women have been appointed to deputy minister and associate deputy minister positions in the institutions of the State, according to figures from September 2005.

Police and human rights

The police are an organised civil authority responsible for keeping the peace and general order in the State.

The Ministry of Interior places human rights at the forefront of its priorities as part of its strategy, the goals and vision of which are based on justice, equality, integrity, and protection of human rights as the means to achieve security and stability and to increase the sense of security in a multicultural society.

To enhance ethical conduct in respect of human rights, a document entitled Rules of Police Conduct and Ethics for Ministry of Interior Employees containing 33 rules of conduct was adopted, which every new employee of the Ministry of Interior must sign and commit to apply before assuming his/her responsibilities.

These rules make it mandatory for employees, as official representatives of the State in law enforcement, to serve the community; preserve morality and ethics; protect rights and liberties; realise justice; protect the rights of suspects, convicts, and victims of crime; deal with all members of society without favouritism or discrimination on the basis of colour, sex, nationality, religion and creed, language, age, or social status; and to forebear at all times from all forms of cruel or humiliating treatment.

Media

A National Media Council was established to supervise media affairs. Media institutions in the UAE have worked to accomplish a qualitative leap in professionalism, technical quality, and outstanding journalistic performance; seven Arabic and four English newspapers are published in the State, in addition to dozens of magazines and specialty periodicals.

A charter of honour and professional ethics was created and signed by the editors-in-chief of the newspapers. The charter includes the basic standards for journalistic work and the ethical rules that ought to be followed when dealing with news and sources.

The Journalists Association studied the draft of the law on printed matters and publications, and has submitted their comments to the National Media Council.

The decision of His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai to prohibit the imprisonment of journalists if they err while performing their duties has had a favourable response in all milieus concerned with human rights and the profession of journalism.

The 2007 report of Journalists without Borders put the UAE at position no 65 out of a total of 169 states, which is a clear move forward from its position in the year 2006.

Imported labour

The UAE has one of the highest percentages of imported labour in the world; 3,113,000 foreign workers of more than 200 nationalities are employed by 250,000 employers.

- Improving working conditions: The UAE believes that human beings have the right to enjoy suitable living conditions, including the temporary contract labour class.

Therefore, Shaikh Mohammad issued a number of instructions to achieve a continuous improvement in the living conditions of the workers, significantly: providing adequate housing to the workers in accordance with international standards, providing suitable means of transportation, forming federal labour courts specialised in labour disputes and guaranteeing freedom of movement to the workers.

In light of the extremely high temperatures in the summer, since 2005 the Ministry of Labour has prohibited working under direct sunlight from June to August in the afternoon from 12.30 pm to 15.00 pm, and enforces a penalty against companies that violate this restriction of up to Dh30,000 and denial of new work licences for a period of up to a year.

In 2007, the Ministry's inspectors visited 122,000 facilities, resulting in penalties against 8,588 of them for violations related to working conditions and workers' rights violations.

- Labour disputes: Labour disputes submitted by the labourer or the employer are resolved through a specialised legal investigator within 14 days of the date of the complaint.

If the dispute is not settled, it is referred to the courts (without burdening the worker during any of the stages of litigation.) In 2007, 22,000 cases were resolved, 3,949 of which were referred to the courts, equivalent to 18% of the total number of cases.

- Labour courts: State-level courts were established to review urgent labour cases. Fees are waived for pleas submitted before these courts at all stages of litigation and execution.

Resolution of labour disputes has been added to the duties of reconciliation committees in order to facilitate reviewing such cases as an alternative to normal litigation procedures.

- Workers' health insurance: Each worker is issued a health insurance card that affords him/her access to treatment without cost.

Abu Dhabi has created a mandatory comprehensive insurance policy that covers all workers including domestic maids at the expense of the employer. Abu Dhabi's insurance system will be expanded to the rest of the country.

- Domestic help workers: The matter of domestic workers and labourers receives much attention in the UAE. In April 2007, the UAE issued a mandatory unified work contract for domestic help and the like at the federal level.

The unified work contract regulates the employment of domestic workers in a manner appropriate to the nature of the work and supporting jobs. It also covers other areas such as health care, wages, and contract duration.

The contract requires that the workers be given adequate rest periods and health care in accordance with the heath care system of the State.

The State is currently preparing a draft law on domestic help that includes domestic workers and similar workers. The necessary constitutional action for promulgating the law will be taken in order for the law to be promulgated as soon as it is prepared.

Combating human trafficking

In light of the United Arab Emirate's desire to maintain its position as an active and committed member of the international community, it has worked to implement a strategy based on four main pillars:

- First: Developing the legislature relevant to human trafficking cases. The State issued federal Law no. 51 of 2006 on Combating Human Trafficking Crimes, which was the first of its type in the Arab World.

The law provides for a maximum penalty of life imprisonment, and covers all types of human trafficking, including the various forms of exploitation, child labour, and trading in human organs.

- Second: Enabling concerned agencies to enforce deterrent procedures. The Federal Government and local governments have worked to expand the scope of enforcing anti-human trafficking laws.

Reports show that 10 cases related to human trafficking were documented up to the end of 2007, and convictions were made in five cases in which the defendants faced sentences ranging from three to ten years in prison.

- Third: Guaranteeing protection and support for those harmed by human trafficking. The State has established a number of shelters to protect and support persons harmed by human trafficking in Abu Dhabi and Dubai, and is working to expand the experiment to the other emirates.

- Fourth: Expanding all horizons of bilateral and global cooperation to combat human trafficking crimes.

In the last two years, the UAE signed agreements with a number of countries such as India, Pakistan, Nepal, Sri Lanka, Bangladesh, China, Thailand, and the Philippines to regulate the flow of labour from them.

Education

The UAE has implemented a number of strategies to establish an advanced and up-to-date educational system that keeps up with the times and its educational technologies, and advances students to higher levels of education.

The State has guaranteed free public education to the university level for all citizens in order to spread education in society and to eradicate illiteracy.

The general rate for school enrolment reached 98% for males and 95% for females. The illiteracy rate fell below 5% thanks to literacy and adult education centres.

Spreading human rights culture

The UAE is aware that teaching and spreading the concepts of human rights is a basic human right. To this end, the Ministry of Education established a system that unifies the various concepts of human rights and prepared a document for the implementation of human rights education for grades 1-12 to be taught within the required curricula.

Academic curricula at colleges of law and police academies include a requirement for two credit hours to be dedicated to a human rights course.

This course aims to familiarise students with the nature of human rights; the international and regional system of human rights, group rights, inmates' rights, and human rights in the UAE; the role of the police in human rights and how to fulfil the duties of police officers with recognition for human rights and basic liberties and teaches international humanitarian law.

The State has also placed great importance on both the federal and local levels for preparing and continuously training judges; a federal institute for judicial training and studies has been established.

Similar institutes have been established at the local level in Abu Dhabi and Dubai.