Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Emirats arabes unis (Ratification: 2001)

Articles 2 and 3 of the Convention. National policy on equality of opportunity and treatment. The Committee recalls the high number of non-nationals in the total population, and the need to adopt a national equality policy to promote equality of opportunity and address discrimination in employment and occupation on the grounds set out in the Convention covering all workers, both nationals and non-nationals. It also recalls that the constitutional equality provisions cover “citizens without distinction as to race, nationality, religious belief or social status” (article 25), but do not apply to acts of discrimination by private employers. The Committee previously welcomed the proposed amendments to Federal Law No. 8 of 1980 on the Regulation of Labour Relations to prohibit more explicitly discrimination in employment and occupation, but noted that the scope of protection was limited to workers with equal experience and qualifications, but only in respect of access to or the retention of employment, or the enjoyment of their rights. Other draft amendments related specifically to discrimination against women. Considering the important number of foreign workers among the population, the Committee considers that, as part of the national equality policy, there is a need to adopt more comprehensive provisions defining and explicitly prohibiting discrimination on at least all the grounds set out in the Convention (namely race, colour, sex, religion, national extraction, political opinion and social origin) and in all aspects of employment and occupation in order to ensure the full application of the Convention to all workers. Noting that the proposed legislation is still under examination, and in the absence of further information, the Committee urges the Government to make every effort to ensure that the amended Law on the regulation of Labour Relations includes a specific provision defining and explicitly prohibiting both direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention covering all workers and all aspects of employment and occupation. Please continue to provide information on the revision process of Federal Law No. 8 of 1980.

The Committee is raising other matters in a request directly addressed to the Government.