Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Emirats arabes unis (Ratification: 2001)

Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, by virtue of section 363 of the Penal Code, it is an offence to incite or help a man or a woman to commit prostitution or debauchery, and that section 365 of the Penal Code provides that a person who manages a place for debauchery or prostitution commits a criminal offence. The Committee also noted that, by virtue of section 366 of the Penal Code, it is prohibited to exploit, by any means, the debauchery or prostitution of another person. The Committee also noted the Government’s indication that the jurisprudence interprets the term “debauchery” to mean acts which violate honour, and the canonical law of Islam, including entertaining illegal sexual relationships intended to corrupt morality, or to make a profit from such an act. The Committee requested the Government to clearly indicate if the use, procuring or offering of a person under the age of 18 for the production of pornography or pornographic performances is included in the term “debauchery” contained in sections 363, 365 and 366 of the Penal Code.

The Committee notes the Government’s indication confirming that the use of a person for the purpose of his/her employment in exposing, photographing, presenting or performing pornographic shows, is included in the crime of “inciting debauchery”, as prescribed in sections 363, 365 and 366 of the Penal Code. Moreover, the Government indicates that sections 9, 12 and 13 of Federal Act No. 2 of 2006 relating to combating information technology crimes, prohibit the use of information technology as a means for threatening, forcing, or inciting the performance, production, viewing or promotion of pornographic shows, or any other products which are contrary to decency or public morals. The practice of such acts against children is considered to be an aggravating circumstance.

Article 5. Monitoring mechanisms. Child Protection Centre (CPC). The Committee notes the Government’s information that, by Ministerial Order No. 347 of 2011, the CPC of the Ministry of the Interior was established, whose task is to prepare the public policies, strategic plans for child protection, supervision and follow-up on investigations in crimes involving children, on the application and development of laws and regulations relating to crimes involving children, and on their implementation. The task of the CPC include coordinating with the Public Prosecution, courts, competent police departments and relevant bodies on cases involving children; promoting the social support mechanisms for child victims; coordinating with the Child Helpline (in the Emirate of El Sharqaa), which receives all types of notifications about child mistreatment; participating in conferences and symposia on child protection and following up on the implementation of their recommendations. The Committee requests the Government to provide information on the impact of the measures taken by the CPC on the monitoring of children working in the worst forms of child labour, particularly on the elimination of child trafficking for labour or commercial sexual exploitation.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Children trafficked for use as camel jockeys. The Committee previously noted the Government’s 2007 agreement with UNICEF to establish a second and expanded phase of their programme to rehabilitate and repatriate child camel jockeys to their country of origin (UAE–UNICEF programme). Within the framework of the UAE–UNICEF programme, the UAE Ministry of Interior and government representatives from Bangladesh, Mauritania, Pakistan and Sudan, decided to establish an independent claims facility to compensate any anguish, pain, emotional distress or physical injuries that child camel jockeys from these countries who were formerly involved in camel racing in the UAE may have suffered. The Committee noted that, in addition to the financial compensation given to victims, the Government took several initiatives, in collaboration with UNICEF and various NGOs, including the establishment of centres to provide medical aid to child victims and the organization of follow-up systems for their families.

The Committee notes with interest the information in the Government’s report according to which, within the framework of the UAE–UNICEF programme, 100 million Dirhams were allocated to the repatriation of 4,758 children to their country of origin, as well as to their rehabilitation and integration in their societies.