United Arab Emirates human rights record
United Arab Emirates, Culture, 3/9/2001

A report by the US government on human rights describe the current various conditions in United Arab Emirates. Here are some excerpts from the report.

The United Arab Emirates (UAE) is a federation of seven emirates established in 1971. None has any democratically elected institutions or political parties. Traditional rule in the emirates generally has been patriarchal, with political allegiance defined in terms of loyalty to the tribal leaders. Political leaders in the emirates are not elected, but citizens may express their concerns directly to their leaders via traditional mechanisms, such as the open majlis, or council. In accordance with the 1971 Constitution, the seven emirate rulers constitute a Federal Supreme Council, the highest legislative and executive body. The Council selects a President and Vice President from its membership; the President in turn appoints the Prime Minister and Cabinet.

A consultative body, the Federal National Council (FNC), consisting of advisors appointed by the emirate rulers, has no legislative authority but questions government ministers in open sessions and makes policy recommendations to the Cabinet. Each emirate retains control over its own oil and mineral wealth, some aspects of internal security, and some regulation of internal and external commerce. The federal Government asserts primacy in matters of foreign and defense policy, some aspects of internal security, and increasingly in matters of law and the supply of some government services. The judiciary generally is independent, but its decisions are subject to review by the political leadership.

Each emirate maintains its own independent police force. While all emirate internal security organs theoretically are branches of one federal organization, in practice they operate with considerable independence.

The Government generally respected its citizens' rights in some areas and continued to improve in other areas; however, its record was poor in other areas, particularly with respect to its denial of citizens' right to change their government and its placement of limitations on the labor rights of foreign workers. The Government denied citizens the right to change their government. The Government at times abused persons in custody, denied citizens the right to a speedy trial and legal counsel during police investigations, and restricted the freedoms of speech, press, assembly, association, and religion. The press continued to avoid direct criticism of the Government and exercised self-censorship. Women continue to make progress in education and in the work force. In April the Ministry of Foreign Affairs issued a directive allowing for the inclusion of women in the diplomatic corps. However, some discrimination against women persists, including informal restrictions on their ability to register businesses. The Government limits worker rights, and abuse of foreign domestic servants is a problem. There were reports of trafficking in persons.

The Constitution prohibits torture or degrading treatment, and there were no confirmed reports of torture; however, there are consistent but unconfirmed reports from foreign prisoners of beatings and coerced confessions by police during initial detention. The Government conducted internal investigations of these reports, and maintained that they were groundless.

Shari'a (Islamic law) courts frequently impose flogging (except in Dubai) on Muslims found guilty of adultery, prostitution, and drug or alcohol abuse. In practice flogging is administered in accordance with Shari'a in order as to prevent major or permanent injuries. The individual administering the lashing swings the whip using the forearm only. According to press accounts, punishments for adultery and prostitution have ranged from 39 to 200 lashes. Individuals convicted of drunkenness have been sentenced to 80 lashes. The federal Supreme Court ruled in 1993 that convictions in the Shari'a courts do not necessarily require the imposition of Shari'a penalties on non-Muslims, but such sentences have been carried out in a few cases.

The Constitution prohibits arrest, search, detention, or imprisonment, except in accordance with the law, and authorities generally respect these provisions in practice. The law prohibits arrest or search without probable cause.

There is a dual system of Shari'a and civil courts. The civil courts generally are part of the federal system and are answerable to the federal Supreme Court, located in Abu Dhabi, which has the power of judicial review as well as original jurisdiction in disputes between emirates or between the federal Government and individual emirates. Courts and other elements of the judicial system in the Emirate of Dubai tend to maintain independence from the federal system.

The Constitution prohibits entry into homes without the owner's permission, except in accordance with the law. Only police officers and public prosecutors carrying a warrant are permitted entry into homes. If the authorities enter a home without a warrant, their actions are considered illegal. In an August case in Dubai, a judge suppressed evidence that was obtained by police without a warrant. Officers' actions in searching premises are subject to review, and officers are subject to disciplinary action if they act irresponsibly. Local custom and practice place a high value on privacy, and entry into private homes without the owner's permission is rare. There is no known surveillance of private correspondence.

The Constitution provides for freedom of speech; however, the Government limits this right in practice. Most persons, especially foreign nationals, refrain from criticizing the Government in public. All published material is subject to Federal Law 15 of 1988, which stipulates that all publications, whether books or periodicals, should be licensed by the Ministry of Information. The law also governs content and contains a list of proscribed subjects. Mindful of these provisions, journalists censor themselves when reporting on government policy, the ruling families, national security, religion, and relations with neighboring states. However, following an October 1999 interview with the semiofficial daily newspaper Al-Ittihad, in which Deputy Prime Minister Sultan Bin Zayid Al-Nahyan stated that uncovering inefficiencies in government was one of the duties of the press, newspapers began publishing articles critical of alleged inefficiencies in the delivery of services by the Ministries of Health, Education, and Electricity and Water.

Satellite receiving dishes are widespread and provide access to international broadcasts without apparent censorship.

The unwritten but generally recognized ban on criticism of the Government also restricts academic freedom, although in recent years academics have been more open in their criticism.

The Government tightly restricts the freedom of peaceful assembly. Organized public gatherings require a government permit. Each emirate determines its own practice on public gatherings. Some emirates are relatively tolerant of seminars and conferences on sensitive subjects. Citizens normally confine their political discussions to the numerous gatherings or majlis, which are held in private homes. There are no restrictions on such gatherings.

The federal Constitution designates Islam as the official religion, and Islam is also the official religion of all seven of the individual emirates of the federal union. The federal Constitution also provides for the freedom to exercise religious worship in accordance with established customs, provided that it does not conflict with public policy or violate public morals, and the Government generally respects this right in practice; however, the Government controls all Sunni mosques and prohibits proselytizing.

The Government does not recognize all non-Muslim religions. In those emirates that officially recognize and thereby grant a legal identity to non-Muslim religious groups, only a limited number of Christian groups are granted this recognition. Major cities have Christian churches, some that were built on land donated by the ruling families of the emirates in which they are located. Dubai permits one Hindu temple and two Sikh temples to operate. There are no such temples elsewhere in the country. Non-Muslims in the country are free to practice their religion but may not proselytize publicly or distribute religious literature.

The conversion of Muslims to other religions is regarded with extreme antipathy. While there is no law against missionary activities, authorities have threatened to revoke the residence permits of persons suspected of such activities, and customs authorities have questioned the entry of large quantities of religious materials (Bibles, hymnals, etc.) that they deemed in excess of the normal requirements of existing congregations, although in most instances the questions have been resolved and the items have been admitted.

There are reported cases of spousal abuse. Police units are stationed at major public hospitals so that victims of abuse may file complaints, or attending physicians may call upon the police to interview suspected victims of abuse.

Opportunities for women have grown in government service, education, private business, and health services. Women constitute 15 percent of the national workforce. Women continue to make rapid progress in education. They constitute over 75 percent of the student body at the National University in Al-Ain, largely because women, unlike men, rarely study abroad. Women officially are encouraged to continue their education, and government-sponsored women's centers provide adult education and technical training courses.

The Government is committed to the welfare of children. Children who are citizens receive free health care and education, and are ensured housing.

There are no unions and no strikes. The law does not grant workers the right to organize unions or to strike. Foreign workers, who make up the bulk of the work force, risk deportation if they attempt to organize unions or to strike.

There are credible reports that some women from Central Europe and Central and South Asia, who are brought to the country for service sector employment, later are forced into prostitution.

The Government prohibits forced and bonded child labor and generally enforces this prohibition effectively. The law does not prohibit specifically trafficking in persons, and there were reports that it occurred; however, child smuggling, prostitution, and pornography are crimes. South Asian boys, generally from Pakistan and Bangladesh, are smuggled into the country by small, organized groups to be used as camel jockeys. Some of the smuggled children reportedly are kidnaped from their families in South Asia, but some apparently are sold to the smugglers by their parents.

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