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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Scroll to: United Arab Emirates – 3rd Session – 2008 2.1 Right to education: the Constitution stipulates: “Education is a fundamental factor in social progress. It is compulsory at the primary stage and free of charge at all stages in the Federation. The law shall establish the necessary plans for the dissemination of education at its different stages and for the eradication of illiteracy” (art. 17). The legislature assigns the federal State responsibility for meeting this obligation. Federal Anti-Human Trafficking Act No. 51 of 2006 - The State promulgated Federal Anti-Human Trafficking Act No. 51 of 2006. The fact that the Emirates is one of the first States in the region to have promulgated legislation on this topic, testifies to the determination of the Emirates legislature to combat human trafficking offences and Federal Act No. 9 of 1976, concerning juvenile delinquents and vagrants - In conformity with international norms, Federal Act No. 9 of 1976, concerning juvenile delinquents and vagrants, regulates the administration of juvenile criminal justice based on the need of minors to be afforded fair and humane treatment during prosecution, investigation and trial proceedings, which essentially preclude the use of custodial measures. Under the Act, a minor is a person below the age of 18 and may not be sentenced to death or imprisonment or ordered to pay financial penalties. Moreover, the provisions on repeat offences do not apply to minors. In 2003, special prosecutor’s offices and departments were established to deal with juvenile cases. 2.3 International treaty guarantees - Since it was established, the United Arab Emirates has taken care to incorporate the fundamental human rights principles enshrined in the Charter of the United Nations and the Universal Declaration of Human Rights into its Constitution and laws and to accede to and ratify the fundamental international human rights treaties, thus helping to promote the human rights principles to which the international community is committed. Hence, it acceded to the International The State is in the process of completing the constitutional formalities for accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and is considering acceding to the two optional protocols to the Convention on the Rights of the Child, respectively on the sale of children, child prostitution and child pornography and involvement of children in armed conflicts. 2.4 Cooperation with international and regional organizations - The State has stepped up its involvement in the United Nations specialized agencies such as the World Health Organization (WHO), the International Labour Organization (ILO), the Food and In the context of its unreserved support for the activities of United Nations organs, the State signed a cooperation agreement with UNICEF in 2005 in the framework of a programme to monitor and provide for the social and psychological rehabilitation, repatriation and local reintegration of child camel jockeys. The State contributed $30 million for the establishment of welfare projects for these children in their countries. The State continues closely to follow the progress of these projects on the ground, in conjunction with the countries concerned and with UNICEF. The State signed a cooperation agreement with UNICEF in the context of the Global AIDS Campaign, which aims at preventing the spread of this disease. In the framework of cooperation Dubai Women’s and Children’s Foundation - This Foundation was set up in 2007 to provide direct assistance to victims of violence, including domestic violence, human trafficking and child abuse, by offering them safe houses, training opportunities and rehabilitation services which meet international standards, thus helping to strengthen human rights protection. Social Support Centre, Abu Dhabi police headquarters -The Social Support Centre was set up in 2003. The idea behind its establishment was founded on several principles and values, most importantly the principle of respect for human accordance with the sharia and the rule of law. Under article 16 of the regulation by which it was established, the Centre deals with the following: cases of domestic violence that for which an official complaint does not need to be filed; violence in schools; cases of boys and girls who run away from home which have not been reported to the police; minor acts of juvenile delinquency which do not constitute criminal offences; disputes and minor disagreements between neighbours that do not need to be the subject of an official complaint. Family Development Foundation - The Foundation was established on 10 May 2006 by a decree of the President of the State. It focuses on the implementation of social legislation, recommends whatever changes are necessary to develop it in order to guarantee the rights of women and children and creates sustainable development programmes for families and women. The Foundation, working in cooperation with 5.1 Education - Public education - The United Arab Emirates has implemented several strategies to create an advanced educational system that keeps pace with developments in the modern age and modern information techniques and raises levels of educational attainments among students. The State guarantees free public education up until university for all citizens, in order to disseminate education throughout society and to eradicate illiteracy. Since the establishment of the Federation, the public education process made great strides forward; the total number of public and private schools in The State has made a great effort to improve education for persons with disabilities and In the 2007/2008 academic year, the Ministry of Education began implementing the “Schools of Tomorrow” project and programme in the framework of its policy of utilizing the experiences of other countries to develop its schools and educational institutions. The Ministry applies international best practices and student-centred teaching methods, employing modern educational techniques to teach English, mathematics, sciences and computing. In keeping with the principles behind the concept of decentralized government, education boards have been set up in the Emirates of Abu Dhabi, Dubai and Sharjah to formulate education plans for each Emirate in the context of the general education policy of the Ministry of Education, which forms the basis of the State’s education system. These boards have contributed to the overall renewal of the education process and the application of the principle of decentralization, and have launched important initiatives, projects and programmes to develop the education system. 5.3 Social welfare security - The State pays out monthly allowances to 16 different categories of persons, including older persons, persons with disabilities, orphans, widows and divorced women. Some 37,848 families benefit from this scheme, and a total of 4,478 children including 1,389 orphans, 2,951 children with disabilities and 138 children of unknown parentage receive assistance. As from 2008, the amounts Children’s care - The State devotes considerable attention to children. It has enacted legislation to regulate the right of children to care and education, and has implemented a number of health, social and educational plans to provide for children’s welfare. Since families and nurseries are the first structures in which children are educated, the State focuses attention on families and their welfare to enable them to play their role in child-raising. This it does through welfare and family training schemes, together with instruction for prospective marriage partners to educate them about the fundamental requirements of family life. The State has established numerous nurseries and kindergartens in all towns and villages to encourage early learning. These structures provide the best standards of educational and psychological care in the world. A total of 202 nurseries were created in 2007. In addition, the Cabinet adopted decision No. 19 of 2006 providing for the creation of nurseries in ministries, public organizations and institutions, government departments and offices to look after children between two months and four years of age of female employees in these organizations, in order to provide the children with social stability. The State also seeks to support children with disabilities or special needs and to supply all educational and rehabilitation needs, in order to integrate into society. A number of welfare and rehabilitation centres and sports centres have been set up across the State, delivering educational and health services, in addition to vocational, occupational and sports training. With a view to providing for the welfare of young offenders, the State has established special homes to look after and accommodate young offenders of both sexes, offering them assistance with social welfare, education, and reform, as well as vocational training. A subsequent welfare programme provides for follow-up geared towards the reintegration of young offenders into society. Social reformatories have admitted 752 young offenders (82 of them girls). 1. The Committee on the Rights of the Child (CRC) was concerned about the remaining 2. CRC was concerned that several rights contained in the Convention (such as non discrimination) were not adequately reflected in domestic law. In particular, the Committee was concerned that: gaps in federal and local legislation might result in irregularities and disparities in the outcomes of the judicial process; discrepancies might occur between Shariah judges' and court decisions, and decisions of other types of courts in the Emirates; personal status law remained uncodified; Shariah courts were not regulated by uniform procedural rules, including in the area of criminal matters; and in Shariah courts federal and local laws were considered as secondary sources, and Shariah judges allegedly did not follow Supreme Court interpretation of Emirates law.11 3. CRC observed that the Emirates’ narrow interpretations of Islamic texts, particularly in 4. CRC recommended that the Emirates establish an independent national human rights 5 CRC recommended that the United Arab Emirates ensure the preparation and 8. Noting the significant achievements in the status of women, CRC was nevertheless 9. CRC was concerned that the nationality law did not grant citizenship status to children of a woman citizen married to a non-national, as it did where the father was a national and recommended that the Emirates ensure the right of a child to a nationality without discriminating on the basis of his or her parent’s sex.26 The Committee was also concerned at the disparities in the enjoyment of economic and social rights, particularly health and education, experienced by non-national children and recommended that all necessary measures be taken to ensure that all children within its jurisdiction enjoy all set out in the Convention without discrimination.27 10. In 2002, CRC requested that specific information be included in the next periodic report on the measures and programmes relevant to the Convention undertaken by the Emirates to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of general comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).28 14. CRC was concerned that there was insufficient information and awareness of the ill treatment of children, including corporal punishment, within the family, schools and institutions, and recommended, inter alia, that the Emirates: take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools and in institutions; carry out public education campaigns; train relevant professionals; and establish effective remedial measures, including care, recovery and reintegration for victims. 34 16. In 2008, the ILO Committee of Experts reiterated previous comments and requested the Government to indicate whether the existing legislation prohibits the forced or compulsory recruitment of children under 18 years of age for use in armed conflict.36 17. While CRC noted with appreciation measures to reform the administration of juvenile 29. CRC recommended that the Emirates ensure that adolescents have access to and are provided with education on reproductive health and other adolescent health issues, as well as with child-sensitive and confidential counselling services; and strengthen efforts in the area of adolescent health education within the school system. 55 30. CRC was concerned that the aims of education presented in the Emirates’ report did not adequately reflect the aims outlined in the Convention. The Committee recommended that the Emirates undertake a process of curriculum and teaching methodology reform - with the full participation of children - which stresses the importance of critical thinking and problem-solving skills development; direct education towards the development of the child's personality, talents and mental and physical abilities to their fullest potential; include human rights education, including children's rights, in the curricula, particularly with respect to the development of and respect for human rights, tolerance and equality of the sexes and of religious and ethnic minorities.56 31. CRC noted information on the existence of a children's parliament in Sharjah, student councils at secondary schools, as well as social service units, which deal with complaints about student behaviour. However, it was concerned that traditional attitudes towards children in society might limit the respect for their views, especially within the family and in schools. CRC recommended that the Emirates: continue to promote and facilitate, within the family, the school, institutions, the courts, and administrative bodies, respect for the views of children and their participation in all matters affecting them; strengthen the mandate of the social service units to allow students to submit complaints about violations of their rights in the school setting; develop skills-training programmes in community settings for parents, teachers, social workers and local officials to support children to express their informed views and opinions and to have them taken 33. The pre-school enrolment rate reached 70 per cent, as noted in a 2006 UNDP report.60 According to the UNESCO Institute for Statistics, the female rate of primary school age children out of school decreased from 11 per cent in 2004 to 5 per cent in 2006, whereas the male rate decreased from 10 per cent in 2004 to 5 per cent in 2006.61 A 2006 WHO report noted that dropouts from school still represent a problem; nonetheless, the number of dropouts decreased from 3.7 per cent in 1995 to 1.9 per cent in 2000.62 40. A 2006 UNICEF fact sheet noted that in 2005, UNICEF and the United Arab Emirates signed an agreement to return children involved in camel racing, many of them victims of trafficking, back to their countries. According to recent statistics, more than 1,000 child camel jockeys have been sent home and many have been reunited with their families.71 41. A 2008 UNODC report noted the generous grant from the United Arab Emirates which made possible the launching in March 2007 of the United Nations Global Initiative to Fight Human Trafficking (UN.GIFT), a partnership between UNODC, ILO, IOM, UNICEF, OHCHR and the Organisation for Security and Cooperation in Europe.72 42. CRC recommended that the Emirates seek technical assistance from, inter alia; OHCHR and UNICEF in regard to the establishment of an independent national human rights institution;73 UNICEF in regard to promoting respect for the views of the child;74 UNICEF and WHO in regard to address ill-treatment of children, including corporal punishment75 and in regard to reproductive health and other adolescent health issues;76 OHCHR, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice and Assistance on Juvenile Justice, in regard to juvenile justice;77 OHCHR and UNICEF in regard to awareness-raising and training activities on the Convention on the Rights of the Child;78 and UNICEF and UNESCO in regard to the aims of education.79 14. AI reported that in all of the Emirates, save Dubai, flogging sentences are imposed on those caught having “illicit sex” and AI has recorded such sentences against, in particular, migrant workers. 22 According to Global Initiative to End All Corporal Punishment of Children, corporal punishment is lawful in the home, albeit prohibited in schools. In the penal system, corporal punishment is lawful as a sentence for crime. Under the Juvenile Delinquents and Vagrants Act (1976), a child over 16 years may be punished under the Penal Code (article 8), which provides for flogging for a wide range of offences including murder, violent assault, alcohol and drugs related offences, theft and sex crimes. Judicial corporal punishment of younger children is permitted under Shari’a law.23
National report
Compilation of UN information
Summary of stakeholders' information
DATE OF REVIEW: 4 December 2008 - 9.00 a.m. to 12.00 p.m.
various forms of exploitation of human beings, particularly women and children. Hence, article 1 of the Act defines human trafficking as “the recruitment, transfer, removal or receiving of persons by means of the threat or use of force or any other form of coercion, or by means of abduction, deception, trickery, the abuse of authority, the exploitation of a situation of vulnerability or the giving or receiving of sums of money or favours in order to obtain another person’s consent with a view to exploiting that person. Exploitation includes all forms of sexual exploitation, exploitation of the prostitution of others, bonded or forced labour, servitude or similar practices, slavery or the removal of human organs.”
Convention on the Elimination of All Forms of Racial Discrimination (1974), the Convention on the Rights of the Child (1997), the Convention on the Elimination of All Forms of Discrimination against Women (2004), the Convention against Transnational Organized Crime (2007) and the Convention against Corruption (2006), in addition to the Geneva Conventions on international humanitarian law. The State has furthermore signed the Rome Statute of the International Criminal Court, acceded to the Convention on the Rights of Persons with Disabilities and its Optional Protocol and ratified nine International Labour Organization conventions on the subjects of working hours, forced labour, labour inspections, night work for women, equal pay, the minimum age for
employment and the worst forms of child labour. The State has stepped up its regional cooperation in this domain, ratifying the Arab Charter on Human Rights adopted at the Tunis Summit in 2004, together with two Arab Labour Organization conventions.
Agriculture Organization (FAO), the United Nations Educational, Scientific and Cultural
Organization (UNESCO) and the United Nations Children’s Fund (UNICEF). It has also developed its cooperation with the International Civil Aviation Organization (ICAO) and the World Intellectual Property Organization (WIPO), in addition to the World Bank and the International Monetary Fund.
with the United Nations Office on Drugs and Crime (UNODC) and in support of the Global Initiative to Fight Human Trafficking, the State contributed $15 million to support the work of the office responsible for combating and suppressing human trafficking and to run training courses for technical staff and law enforcement personnel. The State furthermore supports the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery.
local and federal organizations and specialized civil associations, seeks to provide for the development and welfare of the family in the broad sense of the term, in furtherance of the aims of promoting the well-being of families, women and children. The Foundation creates mechanisms and means for dealing with family issues and coordinating actions to achieve qualitative solidarity in the interests of the family and society. It is also involved in exchanges of information and experiences, and the development and coordination of joint areas of work. It adopts scientific best practices and studies and analyses current and future phenomena, problems and challenges confronting the family, women and children.
2007/2008 stood at 1,259, 759 of them public schools and 500 private schools, catering for over 648,000 students in the different stages of education. In private schools, the rate of enrolment was 98 per cent for boys and 95 per cent for girls, and the illiteracy rate fell to 5 per cent as a result of the work done by literacy and adult education centres.
integrate them into society through the creation of rehabilitation and education centres for persons with disabilities throughout the State and supplying all their needs, drawing on international expertise and experience in this domain. The State develops academic programmes, bearing in mind the importance of this aspect of development for its future goals. Hence, the Ministry of Education has developed and updated teaching curricula to keep pace with changes in the world, to disseminate education throughout the State and to create modern schools. The State has also given the private sector the opportunity to share responsibility with the Government for delivering education and offering educational opportunities to all the inhabitants of the State.
disbursed to these families will be doubled, from Dh 1 billion to Dh 2.2 billion.
reservations entered, particularly that the exercise of the rights in articles 7 and 17 were subject to their compatibility with domestic law; and that the broad and imprecise nature of the reservation to article 14 potentially gives rise to infringements of the freedoms of thought, conscience and religion. The Committee recommended that the Emirates: withdraw its reservations to articles 7 and 21; and study its reservation to article 14 with a view to narrowing it and in the long term, to withdraw it.8 CRC encouraged the Emirates to ratify OP-CRC-AC and OP-CRC-SC,9 and to consider ratifying ICRMW.10
areas relating to personal status law, might impede the enjoyment of some human rights
protected under the Convention.12
institution in accordance with the Paris Principles, empowered to receive and investigate
complaints of violations of child rights in a child-sensitive manner and to address them
effectively.13 It further recommended that a central mechanism be established by strengthening the role of the national committee for the Convention in inter sectoral and
cooperation at and between national and local levels of government.14
implementation of a national plan of action for children.15 It further recommended the
strengthening of efforts to allocate resources for programmes and policies to promote the civil and political rights of children; and the systematic assessment of the impact of budgetary allocations on the implementation of child rights.16
concerned that discrimination persisted, particularly discrimination against girls and women, and children born out of wedlock under existing personal status law (e.g. inheritance, custody and guardianship). It recommended that the Emirates take appropriate and effective measures, including enacting or rescinding legislation where necessary: to prevent and eliminate discrimination on grounds of sex and birth in all fields; to reconcile the interpretation of Islamic texts with fundamental human rights; to prevent and combat negative societal attitudes in this regard, particularly within the family, such as through comprehensive public education campaigns; and to train members of the legal profession, especially the judiciary, to be gender sensitive. Religious leaders should be mobilized to support such efforts; and to continue and strengthen efforts to address these issues at the regional level, such as the Gulf Cooperation Council.25
justice, it was nevertheless concerned that the age of criminal responsibility of seven years was too low, and that persons under 18 might be prosecuted for crimes in the same manner as adults and be subjected to the same penalties as adults. CRC recommended that the Emirates: raise the minimum age of criminal responsibility in accordance with the principles and provisions of the Convention; ensure that its system of juvenile justice includes the establishment of juvenile courts and that it fully integrates the provisions of the Convention, as well as with other relevant international standards in this area; expedite the promulgation of the draft juvenile justice law, ensuring that it is applicable to all persons under 18 and that adequate resources are allocated for its effective implementation; ensure that deprivation of liberty is only used as a measure of last resort, for the shortest possible time, is authorized by the court, and that persons under 18 are not detained with adults; ensure that children have access to legal aid and independent and effective complaints mechanisms; consider alternative measures to deprivation of liberty, such as probation, community service or suspended sentences; train professionals in the area of rehabilitation and social recovery of children. 37
into consideration.57