Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 138) sur l'âge minimum, 1973 - Emirats arabes unis (Ratification: 1998)

The Committee notes the information supplied in the Government’s reports, the discussion held in the Conference Committee on the Application of Standards in June 2002, and the communications of the International Confederation of Free Trade Unions (ICFTU) dated 2 September 2002 and 20 August 2003 concerning work by children as camel jockeys. The Committee notes, with interest, that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182) on 28 June 2001. The Committee 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. The Committee, like the Conference Committee, had expressed its concern about the employment of children as camel jockeys which resulted in severe injuries and even the death of several children as young as 6 years old . It had noted the absence of a minimum age for admission to such employment. The Committee notes that a declaration made by the President of the Camel Racing Association on 29 July 2002 has been adopted to prohibit the employment of camel jockeys aged less than 15 years. It further notes that the declaration made by the President of the Camel Racing Association on 26 May 2003 is identical to the one made on 29 July 2002. The ICFTU, in a subsequent communication, welcomed the adoption of such a measure. However, it considers camel jockeying to be a dangerous activity which should only be performed by persons of at least 18 years. The communication of the ICFTU dated 2 September 2002 points out that children as young as 4 years old are employed and that numerous cases of under age camel jockeys has been reported each year since 1997. The Committee once again recalls that, under Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. Moreover, the Committee recalls that while Article 3, paragraph 3, of the Convention permits, under strict conditions of protection and prior instruction or vocational training, employment or work as from the age of 16 years, this provision of the Convention deals with limited exceptions to the rule (of prohibiting hazardous work to young persons under 18 years of age), and does not constitute an overall permission to undertake hazardous work as from 16 years of age. The Committee welcomes the prohibition to employ children under the age of 15 as camel jockeys. However, considering the detrimental effect on the health and safety of young children and the reported cases of injury, the Committee, like the Conference Committee, requests the Government to take the necessary measures to raise the age of admission to such employment to 18 years of age. On this question, the Committee refers to its comments on the application of Convention No. 29 on forced labour. Furthermore, noting the absence of reference in the Government’s report to the communication of the ICFTU of 2002, the Committee requests the Government to provide its comments on the points raised therein. The Committee also requests the Government to provide its observations on the recent communication of the ICFTU dated 20 August 2003.

Article 9, paragraph 1. Sanctions applicable to persons responsible for employing underage camel jockeys. The Committee notes the detailed discussion which took place at the Conference Committee on the Application of Standards in June 2002. In its conclusions, the Conference Committee emphasized the need to impose sanctions on those exploiting child camel jockeys. The Committee notes that the declaration made by the President of the Camel Race 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; or (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 ICFTU, in a communication dated 2 September 2002, expressed its concern about the absence of prosecutions against UAE citizens, and highlighted the impunity which exists for those who are employing children under the age of 15 for camel racing. The Committee consequently requests the Government to provide information in its next report on the violations observed since the entry into force on 1 September 2002 of the declaration of the President of the Camel Race Association prohibiting the use of children younger than 15 years of age as camel jockeys, and the penalties imposed in practice.

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