Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Minimum Age Convention, 1973 (No. 138) - United Arab Emirates (Ratification: 1998)

The Committee notes the information supplied in the Government’s report and requests it to supply further information on the following points.

Article 3, paragraphs 1 and 3. Minimum age for admission to work by camel jockeys. In its previous comments, the Committee had noted that a declaration made by the President of the Camel Racing Association on 29 July 2002 had been adopted to prohibit the employment of camel jockeys aged less than 15 years. It had also noted that the ICFTU, in a subsequent communication, had welcomed the adoption of this measure. However, the ICFTU considered camel jockeying to be a dangerous activity which should only be performed by persons of at least 18 years. Furthermore, the ICFTU in its communication of 2 September 2002, pointed out that children as young as 4 years old are employed and that numerous cases of under age camel jockeys had been reported each year since 1997. Considering the detrimental effect of camel jockeying on the health and safety of young children and the reported cases of injury, the Committee had requested the Government to take the necessary measures to raise the age of admission to such employment to 18 years of age. The Committee notes with satisfaction the Government’s information that Federal Act No. 15 of 2005 has been promulgated. The Committee notes with interest that this Act prohibits the bringing in, employment, training and involvement of any person, male or female, under 18 years of age in camel jockeying activities.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee had noted that the declaration made by the President of the Camel Racing Association on 29 July 2002 provides for penalties in case of violation of the conditions laid down therein regarding the employment of camel jockeys: (1) the owner or person responsible for camel jockeys is liable to a fine of 20,000 dirhams; (2) the owner of the camel may be arrested and excluded from participating for the duration of an entire season; (3) the person responsible for the camel jockey concerned is liable to three months’ imprisonment in addition to a fine of 20,000 dirhams. The Committee had also noted that the ICFTU, in a communication dated 2 September 2002, expressed its concern about the absence of prosecutions against UAE citizens and the impunity which exists for those who are employing children under the age of 15 in camel racing. The Committee had requested the Government to provide information on violations observed pursuant to the declaration of the President of the Camel Racing Association, dated 1 September 2002, which prohibits the use of children younger than 15 years of age as camel jockeys, and the penalties imposed in practice. The Committee notes with satisfaction that Federal Act No. 15 prohibiting the employment of children under 18 years in camel jockeying, specifies that persons who violate these provisions are liable to a maximum of three years’ imprisonment and/or a minimum fine of 50,000 dirhams. The Committee notes with interest the Government’s information that the promulgation of Federal Act No. 15 of 2005 specifies the eradication of the phenomenon of employing children under 18 years in camel racing. The competent bodies shall endeavour to apply it with care and in all seriousness. The Committee also notes that, according to the data provided in the Government’s report, five cases have been referred to the courts of the United Arab Emirates concerning persons using children for camel jockeying. Investigations regarding these cases are still pending. The Committee requests the Government to continue providing information on the application in practice of the penalties fixed by Law No. 15 of 2005.

The Committee is also addressing a direct request to the Government concerning other detailed points.