The poor working conditions of migrant workers and the denial of freedom of expression dominated the discussion during the second review by its peer States of the United Arab Emirates (UAE). The review took place under the Universal Periodic Review (UPR), and was held on 18 January 2013. The State was strongly criticised in particular for its restrictive cyber-crime laws, which prevent free speech on a number of subjects, including religion and the Government.
Positive Developments
The national report was presented by Dr Anwar Mohammed Gargash, Minister of State for Foreign Affairs; he emphasised that the UAE is a modern state that nonetheless is ‘staying true to its traditions’, and that all reforms since the first review in 2008 have been made with this duality in mind. However, progress has been made – a new federal law on children’s rights is in its final stages, new legislation on the protection of persons with disabilities and of migrant workers has been passed, and women’s participation in leadership and decision-making positions now stands at 30%.
Issues of Concern
A number of concerns were raised during the interactive dialogue.
Freedom of Expression
An issue for a large number of States was the worrying prevalence of cyber-crime laws in the UAE. While they are designed to tackle organised crime, terrorism, and trafficking, there were concerns that they present an unacceptable infringement on freedom of expression. Dr Gargash answered that the UAE is trying to ‘walk a fine line between security and liberty’ in a very difficult period of Arab history; limits on freedom of expression are only permitted in the country insofar as they facilitate public order and national security.
Sweden and Cyprus remained highly critical of the laws, and urged the UAE to ratify the International Covenant on Civil and Political Rights (ICCPR) to further protect freedom of expression. Cyprus recommended that the UAE ratify International Labour Organization Conventions 87 and 98 on freedom of expression and collective bargaining.
Migrant Workers
The majority of those who live and work in the UAE are foreign-born and expatriates; the large migrant community, coming from a number of different countries, were of interest to many of the States conducting the review. Bangladesh in particular expressed concern at the confiscation of workers’ passports, the substandard living and working conditions, and the denial of promised fees. Egypt, Austria, and Pakistan echoed this concern.
Dr Gargash described the measures taken by the UAE following the last review to improve the lives of this vulnerable group; a Government office for the protection of worker’s wages was established in 2009, and stricter laws governing employers means that passports cannot be withheld. A number of States, including the United Kingdom, Indonesia, and Jordan commended these steps, but urged the UAE to do more to protect workers.
Women’s Empowerment
The rights of women have improved greatly since the last review. A national strategy on the empowerment of women has resulted in increased participation in Government, as well as in public and financial services. It was noted by many States, however, that trafficking in women and girls and gender-based violence remain a significant problem.
The head of the Dubai Women’s Association, who attended the review as part of the UAE’s delegation, detailed work being done to offer aid, shelter, and counselling to victims of domestic violence. Denmark however recommended that the UAE pass legislation preventing men from being able to physically punish their wives; Estonia also encouraged the banning of corporal punishment. States also recommended legislation to further integrate the provisions of the Convention on the Elimination of Discrimination Against Women (CEDAW) into the UAE’s domestic laws.
Other Recommendations
Further recommendations from States urged the UAE to:
The United Arab Emirates received a total of 180 recommendations. The state under review will examine all recommendations not later than 23rd session of the Human Rights Council, scheduled from 27 May to 14 June 2013.
Heather Collister is a Human Rights Officer and Ana Kapelet is an Intern with the International Service for Human Rights. To follow developments in the UPR and at the Human Rights Council as they happen, follow us on Twitter: @ISHRglobal.
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