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Viewing cable 04ABUDHABI684, UAE: 2004 TRAFFICKING IN PERSONS REPORT
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
04ABUDHABI684 | 2004-03-10 15:22 | 2011-08-30 01:44 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Abu Dhabi |
null
Diana T Fritz 03/15/2007 03:07:14 PM From DB/Inbox: Search Results
Cable
Text:
UNCLASSIFIED
SIPDIS
TELEGRAM March 10, 2004
To: No Action Addressee
Action: Unknown
From: AMEMBASSY ABU DHABI (ABU DHABI 684 - PRIORITY)
TAGS: PHUM, ASEC, PREF, ELAB, KCRM, KFRD
Captions: None
Subject: UAE: 2004 TRAFFICKING IN PERSONS REPORT
Ref: None
_________________________________________________________________
UNCLAS ABU DHABI 00684
SIPDIS
CXABU:
ACTION: POL
INFO: AMB DCM P/M ECON RSO
DISSEMINATION: POL
CHARGE: PROG
APPROVED: AMB:MWAHBA
DRAFTED: POL:SRADDANT
CLEARED: DCM:RALBRIGHT POL:JMAYBURY ECON:OJOHN CG:JDAVIS
VZCZCADI584
PP RUEHC RUEAWJA RUEAHLC RUEHC RUEATRS RUEHZM
RUEHZS RUCNEEC RUEHDI
DE RUEHAD #0684/01 0701522
ZNR UUUUU ZZH
P 101522Z MAR 04
FM AMEMBASSY ABU DHABI
TO RUEHC/SECSTATE WASHDC PRIORITY 3515
INFO RUEAWJA/DEPT OF JUSTICE WASHDC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHZM/GCC COLLECTIVE
RUEHZS/ASEAN COLLECTIVE
RUCNEEC/EASTERN EURO COUNTRIES COLLECTIVE
RUEHDI/AMCONSUL DUBAI 3795
UNCLAS SECTION 01 OF 27 ABU DHABI 000684
SIPDIS
SENSITIVE
DEPT FOR G, G/TIP, INL, DRL, PRM, IWI, NEA/RA AND
NEA/ARP
DEPT - PLEASE PASS TO USAID
DEPT - PLEASE PASS TO ALNED AND CISC COLLECTIVES
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
PREL, TC
SUBJECT: UAE: 2004 TRAFFICKING IN PERSONS REPORT
REF: (A) STATE 7869 (B) 03 BAKU 390 (C) 03 ABU DHABI
2335
THIS MESSAGE IS SENSITIVE BUT UNCLASSIFIED, PLEASE
PROTECT ACCORDINGLY.
¶1. Embassy point of contact on Trafficking in Persons
(TIP) is PolOff Susan Raddant, office: 971-2-414-2621,
fax: 971-2-414-2639; unclass email:
raddantsk@state.gov.
¶2. OMB Reporting Requirements: One FS-04 officer
spent approximately 70 hours preparing for and writing
the report. One FS-03 officer spent approximately 5
hours reviewing and clearing the report. Two FS-02
officers spent approximately two hours reviewing and
clearing the report. One FS-01 officer spent
approximately two hours reviewing and clearing the
report.
¶3. Following is Post's submission of the 2004
Trafficking in Persons Report for the United Arab
Emirates, covering the reporting period of March 2003
through March 2004.
---------------------------------------
¶4. OVERVIEW OF ACTIVITIES TO ELIMINATE TIP
---------------------------------------
-- A. Is the UAE a country of origin, transit or
destination for international trafficked men, women,
or children? Does trafficking occur within the UAE's
borders? Does it occur in territory outside of the
government's control? Are any estimates or reliable
numbers available as to the extent or magnitude of the
problem? What are the sources of available
information on TIP? How reliable are the numbers and
these sources? Are certain groups of persons more at
risk of being trafficked?
The UAE is a destination country for internationally
trafficked persons. Trafficking does not occur
within the UAE's borders. There is no UAE territory
outside of the government's control.
There are no verified numbers available as to the
extent of the problem over the reporting period.
There are widely varying reports, primarily by NGOs,
that estimate the number of people trafficked to the
UAE from a few hundred up to thousands annually.
However, these estimates rely primarily on research
conducted in source countries or by other
organizations outside the UAE, which rely heavily on
surveys and interviews and unverifiable anecdotal
evidence. These reports also tend to reflect
estimates of the number of victims trafficked to the
UAE over a number of years rather than specifically
over the latest reporting period. While these
estimates and anecdotal reports are useful in
generally defining the problem, they are less useful
in determining a reliable statistical range
reflecting the true number of persons trafficked to
the UAE during the current reporting period.
Groups of persons that have been historically at risk
of being trafficked to the UAE are boys, primarily
from South Asia, for use as camel jockeys, and women,
primarily from CIS countries, for the purposes of
prostitution. However, since the September 2002 ban
on the use of underage foreign boys as camel jockeys,
there have been numerous reports from NGOs and source
country representatives stating that this practice is
diminishing rapidly. Further, boys already in the
UAE working as camel jockeys have been returning to
their homes, with assistance from the UAEG, source
country embassies and consulates, and NGOs. The
Pakistani Mission to the UAE has reported that at
least 125 boys were located and humanely repatriated,
at UAEG expense, in 2003. Similarly, the Bangladeshi
Mission to the UAE has reported that between 120 -
150 boys were repatriated in 2003.
The UAEG has reported that the practice of performing
DNA tests on potential camel jockeys and the
"parents" bringing them into the country prevented 47
boys from being trafficked into the UAE in 2003.
Source country representatives have stated that the
"word is out" in their countries that it has become
extremely difficult for boys under the age of 15 to
enter the UAE and work as camel jockeys. As a
result, they, as well as the UAEG, claim that
attempts to bring the boys to the UAE have
dramatically diminished or stopped altogether.
Historically, child camel jockeys came to the UAE
either with their parents because of dire economic
conditions back home, or were sold by their families
to unscrupulous middlemen from the source countries
who arranged for their travel to the UAE. There are
no reliable statistics as to how many boys were
kidnapped and trafficked here without the knowledge
and consent of their families. However, unofficial
reports here estimate that these cases are the
exception rather than the rule. There are no reports
of how many underage camel jockeys remain in the UAE.
However, new regulations require medical testing and
clearance from a board that issues identification
cards for every jockey. The Camel Racing Federation
employs inspectors who monitor every race to ensure
that all jockeys display valid identification cards.
Jockeys who do not possess valid identification cards
are not allowed to race. PolOff witnessed at two
camel races that the jockeys were displaying their ID
cards prominently throughout both races. Therefore,
all the above steps taken over the reporting year
appear to have reduced or eliminated the demand for
importing young foreign boys into the UAE to work as
camel jockeys.
There are no reliable statistics or estimates of how
many prostitutes currently work in the UAE (primarily
in Dubai, with significantly fewer numbers in Abu
Dhabi and the Northern Emirates), or how many women
were trafficked into or chose to enter the UAE for
the purposes of prostitution in 2003. Casual
observation and anecdotal information suggests that
the total number of prostitutes working in the UAE is
over a thousand, but almost certainly less than two
or three thousand. Many women currently or formerly
engaged in prostitution here admit to voluntarily
traveling to and from the UAE for temporary stays,
during which time they engaged in prostitution and
possibly other activities connected with organized
crime. These women are primarily from CIS countries,
although some women originate from other Arab
countries, South and Southeast Asia, China, and some
African countries.
Women have reported that they engaged in prostitution
in the UAE due to extreme economic hardship in their
own countries, and they often used smugglers and
false documents to gain entry into the UAE. Police
have reported a number of cases when women have
returned to the UAE multiple times with false
documents after having been deported from the UAE for
prostitution. There are some reports, primarily
anecdotal, of women coming to the UAE after being
promised legitimate jobs, only to find that the work
never existed; instead, they were forced to work as
prostitutes, sometimes under horrific conditions.
However, many reports from law enforcement and other
subject matter experts, some NGOs, and statements
from the women themselves, indicate that many
prostitutes knowingly came here to work in this
field, and stayed of their own volition. There are
no statistics or estimates that indicate how many
women engaging in prostitution in the UAE were
trafficked here.
-- B. Where are the persons trafficked from? Where
are the persons trafficked to?
Boys trafficked to the UAE to work as camel jockeys
originated primarily from South Asia, namely, Pakistan
and Bangladesh.
NGOs and IGOs report that women who have traveled to
the UAE for purposes of prostitution originate
primarily from countries in Central Asia and Eastern
Europe, namely, Russia, Ukraine, the Kyrgyz Republic,
Azerbaijan, Kazakhstan, Armenia, Uzbekistan, and
Moldova. There are reports that a smaller number of
women originate from other Arab countries, a few
African countries, Iran, South and Southeast Asia,
and, increasingly, from China. As noted in paragraph
4A above, there are no verified statistics as to how
many women traveling to the UAE in 2003 for purposes
of prostitution are trafficking victims as opposed to
"irregular economic immigrants," as defined by the
International Organization for Migration (IOM) (see
ref. B).
There are no reports of people being trafficked from
the UAE.
-- C. Have there been any changes in the direction or
extent of trafficking?
Since research and verifiable statistics on the issue
of trafficking in persons to the UAE is limited, it is
difficult to follow the changes in the direction or
extent of trafficking to the UAE. Because there is no
reliable baseline of information on trafficking in
persons to the UAE, reports published over the past
several years in source countries and interested third
countries help to shed light on the overall scope of
the problem, but are of little value in determining
whether there have been any significant changes in the
direction or extent of trafficking to the UAE over the
reporting year.
The major exception to this lack of reliable
statistics is in the area of camel jockeys. There are
reports from source country missions and NGOs stating
that, since the 2002 camel jockey ban was implemented,
trafficking of young boys from South Asia to work as
camel jockeys has dramatically decreased or stopped,
since the market for these boys and the corresponding
incentive to traffic them to the UAE has been
eliminated. UAE officials acknowledge that they are
still working towards achieving 100% compliance with
the ban in each of the emirates at every camel race.
However, it is apparent that the UAEG and the Camel
Racing Federation are working diligently and in good
faith to completely eliminate the practice, through
identification card issuance and through inspections
at all races.
-- D. Are any efforts or surveys planned or underway
to document the extent and nature of trafficking in
the country? Is any additional information available
from such reports or surveys that was not available
last year?
In the first half of 2003, the UAEG conducted a
general amnesty program in an attempt to address
illegal migration into the country. The amnesty
program allowed people who overstayed their visas,
worked without proper work visas, or entered the
country without visas, to leave the country without
penalty of prosecution for immigration violations.
The UAEG reported that approximately 100,000 people
took advantage of the amnesty program.
In order to better monitor immigration patterns in
the future, the UAEG used the amnesty opportunity to
update its immigration databases with information
received from a questionnaire completed by all
amnesty-seekers. The survey included questions on
how the amnesty applicants arrived in the country,
who assisted them in coming and staying here, what
they had been doing and whether they had been working
while here, etc. Immigration officials stated that
questionnaires completed by amnesty-seekers
containing information suggesting criminal activity,
including trafficking in persons, were referred to
law enforcement authorities for investigation. The
results of that survey were not available at the time
of this report.
The UAEG has also instituted the use of retinal scans
at ports of entry to add biometrics identification
information to its databases. Biometrics information
will help authorities to better monitor migration and
combat document fraud by illegal immigrants who, for
example, use false names and birthdays in passports
and other identification papers.
Labor Ministry officials indicated that statistical
information received from the general amnesty program
would help it to identify labor law violation
practices and trends so that it can better manage the
labor market and protect worker rights.
The amnesty program was not designed specifically to
determine the extent or the magnitude of trafficking
in persons to the UAE. However, UAEG officials
stated that statistical analyses based on amnesty
program information will provide them with a
foundation from which they can monitor trafficking in
persons and estimate the magnitude of the problem.
Post will forward the results of any reports from
this survey it receives from the UAEG.
-- E. If the country is a destination point for
trafficked victims: What kind of conditions are the
victims trafficked into? Are they forced to work in
sweatshops, agriculture, restaurants, construction
sites, prostitution, nude dancing, domestic servitude,
begging, or other forms of labor, exploitation, or
services? What methods are used to ensure their
compliance? Are the victims subject to violence,
threats, withholding of their documents, debt bondage,
etc.?
NGO, IGO, source country, and anecdotal reports
indicate that conditions for trafficking victims are
varied.
In the past, credible sources reported that almost
all camel jockeys were boys between the ages of 4 and
10, some of whom were trafficked to the country by
small, organized gangs. The traffickers obtained the
youths, usually from poor families in Pakistan and
Bangladesh, by kidnapping, or in some instances by
buying them from their parents outright or taking
them under false pretenses, and then smuggling them
into the country. There were reports that many of
the children were subjected to harsh living and
working conditions, and some claimed to be abused by
their traffickers and/or trainers. There were
reports that some children were beaten for losing
races, and others were injured seriously during the
races. Some of the boys were underfed to make them
as light as possible. Often the boys did not receive
compensation for their services, since many times the
trafficker posed as the child's parent and received
the child's salary from the camel farm owner. Other
times, the parents were living in the UAE with the
boys, and claimed their salaries.
Reports and anecdotal evidence indicate that some
women trafficked to the UAE, as opposed to others who
come here voluntarily and knowingly to work as
prostitutes, are brought to the country under the
false pretenses of legitimate employment, but then are
forced into prostitution. In some cases, women sign
contracts of employment before coming to the UAE, only
to find that the contracts are worthless on arrival.
Other times, the women travel here based on promises
of employment only. When the women arrive, the
traffickers do not provide the promised employment.
Instead, they seize their passports and force them to
engage in prostitution to repay an imposed, and often
steep (in the thousands of U.S. dollars), "debt"
incurred from their travel and other expenses.
Some trafficked women are confined to residences in
slave-like conditions. Others work in dance clubs,
bars, hotels, massage parlors, and other public
venues, primarily in Dubai, but also in Abu Dhabi and
the Northern Emirates in smaller numbers. There are
anecdotal reports from NGOs stating that, in some
cases, women are able to pay off their debts and keep
much of their income afterwards. In other cases,
traffickers pay the women such small salaries that
they find it difficult or impossible to repay their
debts, resulting in situations of indentured servitude
until they can find a way to escape their traffickers
and receive assistance from the police or their
embassy or consulate representatives. However, some
women are reportedly afraid to contact authorities,
since their traffickers warn them that they will be
arrested for immigration violations or other criminal
offenses if they seek help from the police. Others do
not attempt to escape due to fear of physical abuse or
retaliation against their families back in the source
countries, since, in almost all cases, the traffickers
also come from these or neighboring countries.
As mentioned above, traffickers frequently seize their
victims' passports upon entry into the UAE. This
practice, common among employers in all professions,
was outlawed in the UAEG in July 2003. Employers may
now only legally hold employees' passports long enough
to take care of administrative business, not on a
permanent or long-term basis. There is no way to
determine definitively if employers are still
demanding their employees' passports, although there
are unverifiable reports that the now-outlawed
practice of holding employees' passports is still
commonplace. The UAEG has engaged in a public
relations campaign to inform workers and employers
that the practice is illegal. There have been a
number of instances, widely reported by the media, in
which the police intervened to return the passports to
their rightful owners.
Further, although it is common worldwide for
traffickers to use scare tactics to keep their victims
in submission, UAE police, especially in Dubai, where
the bulk of the cases occur, have measures in place to
protect victims of trafficking, once identified as
such. Since 1995, the Dubai Police Department has
operated a Human Rights Care Department. One of its
primary functions is to protect trafficking victims,
assist victims if they agree to stay in the UAE to
testify against their traffickers, and humanely
repatriate victims if they choose instead to return
immediately to their home countries. While there are
some anecdotal reports that some victims are not
identified as such, and are instead prosecuted for
their crimes, the Dubai police are continuing to train
its Human Rights Care specialists in order to better
safeguard victims (see paragraph 7 for additional
details).
-- F. If the country is a country of origin: Which
populations are targeted by the traffickers? Who are
the traffickers? What methods are used to approach
victims? What methods are used to move the victims?
The UAE is not a country of origin for TIP.
-- G. Is there political will at the highest levels
of government to combat trafficking in persons? Is
the government making a good faith effort to seriously
address trafficking? Is there a willingness to take
action against government officials linked to TIP? In
broad terms, what resources is the host government
devoting to combating trafficking in persons?
Over the reporting period, senior government
leadership continued to exhibit strong political will
to combat trafficking in persons, and the UAEG made a
concerted good faith effort to seriously address
trafficking in persons. These efforts were highly
successful in the case of combating the use of
trafficked boys as camel jockeys.
In an effort to stop the trafficking of boys to the
UAE for use as camel jockeys, the UAEG announced in
July 2002 that it would ban the decades-long practice
of employing child camel jockeys. The ban, effective
1 September 2002, was implemented despite strong
resistance from some tradition-bound camel farm
owners, primarily from wealthy and politically-
connected families. To further its efforts, the
Government tightened controls at points of entry into
the country for boys under the age of 15 years, and
mandated the repatriation of child camel jockeys in
the UAE to their home countries, at UAEG expense and
with the assistance of source country representatives
and NGOs.
In October 2002, Minister of State for Foreign
Affairs Shaykh Hamdan Bin Zayed Al Nahyan sent
letters to various source countries' foreign
ministers, asking for their cooperation and
coordination in addressing this transnational crime
of humanitarian concern. Since then, source country
representatives in the UAE have reported that they
are pleased with the results of the camel jockey ban,
and with the cooperation they are receiving from the
UAEG to repatriate underage boys currently in the UAE
while stopping new cases of trafficking at the
border.
UAEG political will to combat the camel jockey
problem was apparent during an official visit of Mark
Taylor, G/TIP, and Nahide Bayrasli, NEA/RA, to the
UAE in February 2004. In addition to their meetings
with high-ranking ministerial and key police
officials, the delegation was able to witness a camel
race first-hand, and speak at length with members of
the new administration of the Camel Racing
Federation. The team on several occasions stated
that it was impressed with the progress the UAEG made
on this issue over the course of the reporting year.
The UAEG senior leadership has repeatedly asked the
USG for training information and opportunities that
will further their efforts to combat trafficking in
persons, and help law enforcement officials,
prosecutors and judges to better identify,
investigate and prosecute trafficking in persons
cases.
In March 2003, the Dubai Police Human Rights Care
Department held an inter-department five-day training
seminar that covered many aspects of crime victim
assistance, including victims of trafficking.
Eighteen officials from the criminal investigation
department, immigration, social assistance, the moral
directive department, and representatives from
several different police stations, trained together
in order to better coordinate their efforts in
assisting trafficking victims.
In December 2003, the Dubai Police offered anti-TIP
training for legal specialists in a one-day seminar.
In Summer 2003, the Dubai Public Prosecution
Department created an office of 16 members who
specialize in trafficking in persons, and are trained
to identify and address the needs of trafficking
victims. Since its creation, this anti-TIP office
has assisted with 14 cases involving trafficking.
Throughout 2003, the Immigration Department in Dubai
offered training for 249 arrival inspectors and 177
departure inspectors in identifying fraudulent
documents, often used by trafficking victims. The
UAEG also supplied ports of entry and source country
embassies and consulates with brochures to try to
warn off potential trafficking victims, as well as to
inform victims where they can go to receive
assistance.
In May 2004, the Abu Dhabi Police College, with
guidance from the IOM, Post, and G/TIP, will conduct
an anti-TIP training seminar. Also in May and with
the support of the IOM, Post and G/TIP, the MFA will
host an anti-TIP workshop for ministries, law
enforcement officials, and source country
representatives. From May 20 - June 10, 2004, a
representative from the Ministry of Interior's Legal
Affairs Department will participate in an anti-
trafficking in persons IV program in Washington, D.C.
In the past, the UAEG has investigated and prosecuted
government officials suspected of committing criminal
offenses, e.g., embezzlement and fraud. This
willingness to take action against government
officials suspected of illegal activity indicates
that the UAEG would likely take action against
government officials linked to trafficking in
persons, if identified.
-- H. Do governmental authorities or individual
members of government forces facilitate trafficking,
condone trafficking, or are otherwise complicit in
such activities? If so, at what levels? Do
government authorities receive bribes from traffickers
or otherwise assist in their operations? What
punitive measures, if any, have been taken against
those individuals complicit or involved in
trafficking? Please provide numbers, as applicable,
of government officials involved, accused,
investigated, prosecuted, convicted and sentenced.
Government policy does not facilitate or condone
trafficking, and there is not a deep-seated culture of
official corruption in the UAE. There have been a few
unverifiable, anecdotal reports in 2003 that lower-
level officials, primarily at smaller ports of entry,
may turn a blind eye to the problem of trafficking.
There have been a few additional unverifiable reports
that individual members of the police may "tip off"
certain facilities, primarily clubs, before a sting
operation occurs (although in 2003, 4,924 prostitutes
were arrested by Dubai police, and 12 Dubai
institutions were closed due to prostitution activity
on its premises). There are no verified reports that
governmental authorities or individual members of
government forces facilitate trafficking, condone
trafficking, or are otherwise complicit in such
activities. There are also no verified reports that
government authorities receive bribes from traffickers
or otherwise assist in their operations.
In the past, the UAEG has investigated and prosecuted
government officials suspected of committing criminal
offenses, e.g., embezzlement and fraud. Because of
this willingness to take action against government
officials suspected of illegal activity, it is
expected that the UAEG would take action against
government authorities who facilitate trafficking,
condone trafficking, or are otherwise complicit in
such activities, or that receive bribes from
traffickers or otherwise assist in their operations.
-- I. What are the limitations on the government's
ability to address this problem in practice? For
example, is funding for police or other institutions
inadequate? Is overall corruption a problem? Does
the government lack the resources to aid victims?
The UAE is a wealthy country, but due to the weak
federal structure of the country and different budget
levels in the seven emirates, the ability of the
federal government and individual emirates to fund
police programs and aid victims varies significantly.
In addition, like many countries, federal ministry and
local department budgets are determined on an annual
basis. Consequently, new programs may be required to
wait until the next budget grant when new monies can
be allocated. There is also a limitation on the UAE's
human resources available to address problems. The
national population of the UAE is 15% or less of the
total population of the UAE.
In honor of International Human Rights Day December
10, 2003, the Al Maktoum Charity Institution (funded
by the Dubai ruling family) donated 150,000 dirhams
(USD 40,984)to the Dubai Police Human Rights Care
Department, which assists trafficking victims.
Overall corruption is generally not a problem in the
UAE. The Government has taken many concrete steps to
fight trafficking in persons to the UAE over the past
reporting year, and it is expected that the UAEG will
put a number of additional measures into place in 2004
to more effectively monitor and combat all aspects of
trafficking in persons. However, certain factors
limit the UAEG's ability to take action on all facets
of its trafficking problem within a shorter period of
time.
The UAE gained its independence from the UK in 1971.
Although a young country, it has transcended rapidly
from an undeveloped country to a dynamic regional
economic power with an advanced infrastructure and a
diverse urbanized population with residents
originating from over 200 countries. The UAE is an
open country with a vibrant tourism industry, and is a
busy transit hub for international travel and trade.
This open atmosphere is especially important in Dubai,
where major efforts have been underway for a number of
years to diversify its economy and reduce its reliance
on oil reserves, which are rapidly dwindling and
expected to be depleted in approximately a decade.
As a result of the country's rapid modernization and
growth, the federal government and the governments of
the individual emirates are increasingly tasked with
responding to complex issues of international concern,
many of which involve foreign organized criminal
groups, including terrorism and money laundering, as
well as trafficking in persons, drugs, illegal arms,
and weapons of mass destruction. These complex issues
stretch the human resources of UAEG law enforcement,
which lacks overall institutional knowledge and
experience due to the country's young age. Ministry
and law enforcement officials in all but the very top
levels are often young and lack appropriate levels of
formal training and/or on-the-job experience to assist
them in the performance of their jobs. Therefore, it
is not realistic to expect the majority of UAEG
officials to tackle all facets of a difficult, multi-
dimensional issue such as trafficking in persons
simultaneously and in a short amount of time.
Last year, the UAE outlined a two-year plan to combat
its overall trafficking problem (see ref. C). One
year into this plan, the UAE has made remarkable
progress on the camel jockeys issue. Now that this
dimension of the trafficking problem is under
governmental control, the UAEG has stated its
intention to focus its efforts on the issue of sex
trafficking with the same level of commitment it
devoted to the camel jockey issue.
A loose federation comprised of seven individual
emirates, the UAE is governed by consensus of the
seven emirates' rulers. 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. However, the loose federal
structure and requirement for consensus prohibits
quick action on matters with any level of controversy.
The bureaucratic process to pass legislation, accede
to international treaties or create national
strategies can often be lengthy. The Justice Ministry
oversees the passage of new legislation and accession
to bilateral or multilateral treaties. An inter-
ministerial technical committee works to draft agreed
language, which is then submitted for approval to a
second inter-ministerial Political Committee that
includes representatives from each emirate. The
Political Committee is charged with achieving
consensus on the draft language from the seven
emirates. Once consensus is achieved, the draft
language is presented to the Federal National Council
(FNC) for debate and consideration. After the FNC
concludes its consideration, it recommends draft
language to the federal Cabinet, which then conducts
its own review and considers the draft language for
passage into law after ratification by the Supreme
Council (comprised of the rulers of all seven
emirates).
Despite the normally lengthy process involved with
passing new legislation, the Minister of State for
Foreign Affairs, Shaykh Hamdan Bin Zayed Al Nahyan,
led the effort to criminalize the use of child camel
jockeys in record time. Incredibly, the announcement
of the child camel jockey ban in July 2002 was made
only months after he decided to lead the effort to
criminalize the use of child camel jockeys. Our
interlocutors report that he pushed the ban through
the bureaucracy because of his desire to terminate
this practice before the beginning of the next camel
racing season in October 2002. Now, in the 2003/2004
racing season, it is clear that the ban, while still
not an official, ratified UAE law, is being enforced
in practice due to the political will of the most
senior UAEG officials. The proposed legislation is
currently under review by the UAE's highest
legislative body, the Supreme Council.
Consistent enforcement of laws throughout the country
is sometimes affected by the relative independence of
security and police forces in each emirate. While all
emirate internal security organs theoretically are
branches of one federal organization, in practice they
operate with considerable independence. Each emirate
maintains its own independent police force.
Some cultural characteristics also hamper the
Government's ability to immediately address some
trafficking in persons issues. For example, camel
racing is a traditional sport. In the past, camel
owners or their sons raced camels. Over the past few
decades, young foreign boys had been increasingly used
as camel jockeys, many of whom were offered for
employment to camel owners by their parents. In spite
of the deeply-held opinions of prominent families
initially opposed to the camel jockey ban, the UAEG
leadership worked to change those attitudes over the
course of the past year, and as a result achieved
remarkable progress on this issue over the 2003/2004
reporting cycle. Several senior UAEG officials stated
during the February 2004 G/TIP visit and follow-up
meetings afterward that the UAE can achieve similar
results now that it has turned its full attention to
the issue of sex trafficking in 2004.
----------
¶5. PREVENTION
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-- A. Does the government acknowledge that
trafficking is a problem in that country? If no, why
not?
The UAEG acknowledges that trafficking in persons is a
problem. The senior leadership has noted a number of
times that this transnational crime must be addressed
for humanitarian as well as national security reasons.
Emirati officials have described trafficking in
persons as a disease that must be eradicated before
more people are victimized. UAEG officials also
recognize that a failure to attack organized crime in
this area opens the country to organized crime in
other areas, such as drugs or weapons.
The UAEG repeatedly acknowledged its trafficking
problem during the February 2004 U.S. State Department
official visit of Mark Taylor, G/TIP, and Nahide
Bayrasli, NEA/RA. The USG officials met with high-
ranking officials from the Ministries of Foreign
Affairs, Interior, Justice, and Labor. They also met
with officers from the Dubai Police Department, the
Camel Racing Federation, and source country embassies
and consulates. Emirati officials acknowledged that
trafficking in persons to the UAE is a problem, sought
engagement on the issue, and requested assistance in
training and other areas in order to combat the
problem.
-- B. Which government agencies are involved in anti-
trafficking efforts?
Both federal ministries and local emirate departments
are involved in anti-trafficking efforts. Some
efforts are specifically designed to combat
trafficking in persons. Other efforts are not
specifically designed to combat trafficking in
persons, but ultimately have that effect because such
efforts on related issues assist in the prevention of
trafficking, prosecution of traffickers, and
protection of trafficking victims.
On the federal level, the Ministries of Foreign
Affairs, Interior, Justice, Health, Labor and Social
Affairs, and Information are involved actively in
anti-trafficking efforts. On the local level, police
departments, immigration departments, public
prosecution, and social services departments are also
involved. This reporting year in Dubai, police and
other government representatives have joined forces
with concerned members of the media, academia and
business worlds, to take a new approach toward
combating trafficking.
The Ministry of Foreign Affairs is fronting the UAE's
anti-trafficking efforts. In July 2002, the Minister
of State for Foreign Affairs led the campaign to
eradicate the trafficking of boys for use as camel
jockeys by announcing a ban on child camel jockeys
with criminal penalties for violators, mandating the
repatriation of boys currently in the country working
as child camel jockeys at UAEG expense, and ordering
increased security measures by immigration officials
at ports of entry.
The child camel jockey ban prohibits the use of camel
jockeys younger than 15 years of age and who weigh
less than 45 kilograms (99 pounds). The Government
established the following penalties for violators of
the child camel jockey ban: first offense, fine of
approximately $5,500 (20,000 dirhams); second offense,
ban from participation in camel races for one year;
third and subsequent offenses, imprisonment. The
UAE's highest legislative body, the Supreme Council,
is currently considering a draft of the ban to be
ratified as federal law.
The UAEG implemented the requirements by mandating
that all camel jockeys apply for and receive
government-issued identification (ID) cards. To
verify the ID card applicant's age and guard against
document fraud, e.g., a passport that indicates the
child is 15 years when he is actually only 12 years,
the UAEG issues ID cards only after a positive
physical examination by a medical committee, through
the use of x-rays and other tests, confirms that the
child is at least 15 years of age. The Government is
enforcing the child camel jockey ban through
inspections by the Camel Racing Federation at all
races, checking the ID cards of all jockeys prior to
each race.
In January 2003, the UAEG instituted an additional
requirement of DNA tests to further guard against
document fraud and to apprehend traffickers by
ensuring that the person presenting the boy for entry
into the country or for ID application is, in fact,
the biological parent of the child. UAEG officials
have stated that if the person presenting the boy for
the ID application or entry into the country is proven
to not be the biological parent of the child, then the
application is referred to law enforcement authorities
for investigation for trafficking. No statistics have
been provided regarding how many traffickers have been
arrested, prosecuted, convicted and sentenced under
this procedure. However, UAEG officials have stated
that DNA testing has weeded out 47 cases of
traffickers posing as parents of camel jockeys. The
boys were subsequently repatriated to their home
countries, and the traffickers were referred to law
enforcement authorities.
The MFA worked with source country embassies,
consulates and NGOs to humanely repatriate trafficking
victims, and to prevent new cases of trafficking.
In May 2004, with the support of the IOM, Post and
G/TIP, the MFA will host an anti-TIP workshop for
ministries, law enforcement officials, and source
country representatives.
The Ministry of Interior's Department of
Naturalization and Residency established a central
operations room to track the arrival and departure of
individuals in the country, some of whom may be
trafficking victims. It also oversaw the 2003 amnesty
program, working closely with the Ministry of Labor in
designing the program and creating the information-
gathering questionnaire to better monitor migration
patterns, including trafficking in persons. This
department also participates in the Dubai Police Human
Rights Care Department's anti-trafficking in persons
working group. The Dubai Tourist Security Department
operates a 24-hour hotline to assist visitors with
problems. Information about the hotline is
distributed at ports of entry.
In May 2004, the Abu Dhabi Police College, with
guidance from the IOM, Post, and G/TIP, will conduct
an anti-TIP training seminar. From May 20 - June 10,
2004, a representative from the Ministry of Interior's
Legal Affairs Department will participate in an anti-
trafficking in persons IV program in Washington, D.C.
UAE labor laws do not cover domestic workers and
agricultural workers. Consequently, the Ministry of
Interior's Department of Naturalization and Residency
reviews the contracts of foreign domestic employees as
part of residency permit processing to ensure that the
negotiated salaries and terms are adequate.
To guard against involuntary servitude, in January
2003, the UAEG announced new regulations requiring a
mandatory unified contract for domestic workers and
agricultural workers. The contract regulates the
employer-employee relationship and specifies rights
granted to the employee. The regulations provide that
the UAEG review the employer's ability to pay the
worker before the work permit is granted. The
regulations also provide that the worker may complain
of unified contract violations to the Ministry of
Labor's Labor Dispute Department.
Prostitution is illegal in the UAE, punishable by up
to three years imprisonment followed by deportation.
In an effort to combat this crime, the Dubai police
regularly conduct special patrols in areas frequented
by prostitutes, and immigration and police forces use
special units to conduct raids and sting operations in
areas where prostitutes are known to frequent. Law
enforcement authorities state that women arrested for
prostitution are interviewed to determine whether they
are victims of trafficking. During the interview, the
officials, led by a female interviewing officer,
reportedly ask the women about their overall
circumstances, including how they came to the UAE, who
assisted them in traveling here, where they have been
staying, how they have been treated, etc.
In 2002, the Dubai Police Human Rights Department
Director developed a Crime Victims' Assistance
Program, which includes the creation of Victim
Assistance Coordinators and police training in victim
protection and assistance. In March 2003, Victim
Assistance Coordinators were assigned to police
stations. Victim Assistance Coordinators'
responsibilities include advising victims about the
criminal justice system and criminal procedure;
encouraging witness testimony, especially in cases
involving sexual abuse and trafficking in persons
where victims are reluctant to speak out; advising
victims of their rights; providing counseling and
medical care; placing victims in safehouses or
shelters; and following-up with victims as the case
proceeds to trial. In March 2003, the Dubai Police
Human Rights Department began conducting Victim
Protection and Assistance training courses for Dubai
police officers.
In Dubai, 4,924 prostitutes were arrested in 2003.
There are no statistics showing how many of them were
charged with crimes, convicted, and sentenced, but
Dubai Police stated that, since they only have prison
space to accommodate 100 women, prostitutes are
normally deported immediately. There were 104
closures of firms, primarily travel agencies, by
authorities due to their practice of luring women into
the UAE with promises of legitimate jobs, only to
force them to work as prostitutes upon arrival. There
were 12 additional Dubai institutions, primarily
hotels and apartment buildings, closed in 2003 for
facilitating prostitution. The UAEG reported that 166
non-citizen traffickers were arrested and prosecuted
for running prostitution rings in 2003, and five
citizens were arrested and prosecuted for the same
offense. There was no information provided on the
number of convictions and length of sentences handed
out to these individuals.
The Ministry of Justice took the lead in the UAEG's
accession in December 2002 to the UN Convention
Against Transnational Organized Crime. The Institute
for Judicial Training and Studies includes mandatory
courses for prosecutors and judges on subjects that
generally impact trafficking in persons, including
human rights, sex offenses, immigration violations and
labor violations. The MOJ has agreed to review a
model anti-trafficking in persons law provided to the
MFA by Post and G/TIP.
The Ministry of Health organized the medical
committees that conduct tests to estimate the age and
state of health of camel jockey identification card
applicants. The Ministry of Health also conducts the
applicant/parent DNA testing. MOH officials
acknowledge the health problems potentially affecting
sex trafficking victims, especially HIV/AIDS and other
sexually transmitted diseases, and the possible
resulting public health issues. The MOH maintains
social workers in all public hospitals, to which
medical personnel refer patients when sexual or other
abuse is suspected. These counselors are also
available for consultation by patients even without a
referral by medical personnel. Local police
departments also maintain officers in public hospitals
that are immediately accessible in the event a patient
is suspected to be a victim of a criminal offense.
These officers are trained in victim protection and
assistance, and do not jail victims or recommend them
for prosecution for violation of UAE laws.
The MOH issues annual health cards to non-citizen
workers, which they initially receive after passing a
physical examination upon arrival to the UAE. The 300
dirhams (about $82) health cards are provided by
employers to employees and their family members for
free medical treatment and medication at public
hospitals. Annual physical exams for employees are
required to renew the health cards. Domestic servants
are subject to these annual exams even though they are
not covered by the Labor Law. During this exam,
medical personnel with specialized abuse-detection
training make inquiries and look for signs of sexual
or physical abuse. The MOH also makes available at
public hospitals brochures about domestic violence and
sexual and physical abuse, with information on who to
contact for help or assistance. MOH officials also
report that they actively conduct health education
outreach to community associations (many of the more
than 200 nationalities who reside in the UAE have
community associations) and foreign embassies and
consulates.
The Ministry of Labor and Social Affairs manages the
work force and labor market and enforces compliance
with the labor law through inspections. In 2003, the
MOL added 53 new inspectors to its roster, increasing
the total number of inspectors to 185. In 2003, these
inspectors conducted 24,225 inspections in Dubai and
7,714 inspections in Abu Dhabi. Statistics were not
available regarding the remaining five emirates.
These inspections ferret out any problems with
adherence to the labor law, including salaries, safety
issues, working hours, changes to contracts, and any
other worker complaints. In Abu Dhabi, 21 cases were
filed with the MOL reasons such as delayed payment of
salary. Seven of those cases were transferred to
court. The remainder were mediated by the MOL. In
Dubai, nine cases were filed with the MOL, and one was
transferred to court. In Sharjah, two cases were
filed, and one went to court. The MOL also reviews
employment contracts for workers in the industrial and
service sectors to ensure compliance with the labor
laws.
In 2002, the MOL began distributing an information
booklet to foreign workers outlining their rights
under the labor law and how to pursue labor disputes,
whether individual or collective. The booklet
includes information on work permits, employment
contracts and labor cards, private recruitment
agencies, work hours and leave, compensation for work
injuries and occupational diseases, labor disputes,
employment contract termination, end of service
benefits, transfer of sponsorship and repatriation.
The booklet also contains contact information for the
MOL and addresses and telephone numbers for all
foreign missions in the UAE. MOL officials stated
that they distributed the information booklets to
embassies and consulates in the UAE, focusing on those
with large numbers of citizens working here, and
requested the foreign diplomats to assist in the
distribution of the information booklets to their
citizens already present and working in the UAE. The
MOL also requested the foreign missions to assist in
providing the information booklets to prospective
employees in their countries prior to their departure
for the UAE.
Despite social sensitivities to the trafficking issue,
the Ministry of Information and Culture continues to
increase public awareness by placing articles in the
English and Arabic press about trafficking in boys for
use as camel jockeys and women for the sex industry.
The Women's Da'waa Administration in the Dubai
Department of Awqaf and Islamic Affairs operates a
hotline geared for women and children. Operating
since July 2002, the hotline is open to all
nationalities living in all emirates. The hotline is
open from 8:00 a.m. to 9:00 p.m., Saturday to
Wednesday, but will take emergency calls on Thursday
and Friday (the UAE weekend).
-- C. Are there or have there been anti-trafficking
information or education campaigns? If so, briefly
describe the campaign(s), including their objectives
and effectiveness. Do these campaigns target
potential trafficking victims and/or the demand for
trafficking (e.g. "clients" of prostitutes or
beneficiaries of forced labor)?
The Ministry of Information and Culture has helped
increase public awareness with information campaigns
about trafficking in boys for use as camel jockeys
ever since the announcement of the child camel jockey
ban in July 2002.
The local press highlights cases of child jockeys
rescued and repatriated by local authorities, source
country embassies and consulates, and non-governmental
organizations. The local press also increased its
reporting over the past year on cases of sex
trafficking, in spite of the taboo nature if the
subject. Some local newspapers include regular
columns with advice on worker rights. Newspapers
reported widely last summer on the new law prohibiting
employers from holding their employees' passports.
The media has highlighted several incidents of police
assistance with retrieving passports from employers.
-- D. Does the government support other programs to
prevent trafficking?
In addition to government ministries and departments,
charitable and other organizations funded by the
Government and individual ruling family members are
also involved in programs that help to prevent
trafficking. The Government maintained its efforts to
address humanitarian needs and concerns in the UAE and
worldwide through government-funded charitable
organizations.
Within the UAE's borders, the primarily government-
funded UAE Red Crescent Authority, an affiliate of
the International Federation of the Red Cross and
Red Crescent Societies, provided assistance to
widows, divorced women, prisoners' wives, orphans,
prisoners and students from poor families.
Projects funded by the Red Crescent Authority
include maintaining schools and mosques, digging
wells, building health units, and training people
with special needs.
Outside the UAE, the UAE Red Crescent Authority and
other charitable organizations funded by individual
ruling family members, such as the Zayed Foundation
and the Mohammed Bin Rashid Al-Maktoum Humanitarian
and Charity Establishment, conducted humanitarian
relief projects and provided reconstruction and other
types of assistance to a number of countries
worldwide, including countries in the Middle East,
Eastern Europe, CIS, Russia, and Africa.
Many of the countries that receive aid from UAE
charitable organizations are source countries or are
at risk of becoming source countries for trafficking
in persons because of poor socio-economic conditions.
These charitable projects are anti-trafficking in
nature because they help to support people and
communities vulnerable to trafficking. These
organizations fund a multitude of projects, including
providing food, clothing, construction equipment,
telecommunications equipment, heavy machinery,
electrical generators, transportation equipment,
vehicles, ambulances, medical supplies, and medicines;
paying government employees' and teachers' salaries;
providing financial aid to support orphans; conducting
demining projects; building roads, refugee camps,
homes, hospitals, schools and orphanages; operating
refugee camps and orphanages; and digging wells.
The UAEG cooperates with the office of the UN High
Commissioners for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees. In
2000, UAE First Lady Shaykha Fatima bint Mubarak
established a Fund for Refugee Women to help refugee
women worldwide, which is managed by the UAE Red
Crescent Society in cooperation with UNHCR. The UAEG
also cooperates with Medecins Sans Frontieres (Doctors
Without Borders), which maintains offices in the UAE.
-- E. Is the government able to support prevention
programs?
The government is able to and does support prevention
programs both in the UAE and in other countries. See
answers to 4.C and 4.D above.
-- F. What is the relationship between government
officials, NGOs, other relevant organizations and
other elements of civil society on the trafficking
issue?
The UAEG works with foreign embassies, consulates and
ministries, and source country NGOs, to provide
shelter and assistance to victims and facilitate their
repatriation, as well as to stop the flow of
trafficking victims at the source. The UAEG reports
good ties with the local branch of the UNDP and the
International Center for Women's Rights.
Additionally, the Dubai Human Rights Care Department
has worked with the Polaris Project, the IOM, and a
number of smaller source country NGOs.
The Ministry of Labor works with the ILO on various
labor issues. The Ministry of Foreign Affairs is
currently considering UAE membership in the inter-
governmental International Organization for Migration
(IOM), and is working with the IOM to conduct two
anti-TIP seminars in 2004 - an MFA-sponsored inter-
agency conference, and a training seminar at the Abu
Dhabi Police College. Both events are scheduled for
May 2004.
-- G. Does the government adequately monitor its
borders? Does it monitor immigration and emigration
patterns for evidence of trafficking? Do law
enforcement agencies respond appropriately to such
evidence?
The UAEG adequately monitors its borders against
illegal migration and smuggling. The Armed Forces
are responsible for guarding and monitoring the UAE's
coast and land borders. Border guards have the legal
authority to stop and inspect individuals at the
border or point of entry, especially if there is
suspicion of illegal activity. In 2002, the UAE
erected a fence barrier that runs for several
kilometers along its land border with Oman, in an
effort to curb smugglers and illegal immigration.
The federal and emirate-level immigration authorities
are responsible for controlling the influx of people
at the country's international airports. In August
2002, the U.S. Immigration and Naturalization Service
conducted fraud intercept training at Dubai
International Airport to help immigration authorities
better combat document fraud at that point of entry
into the UAE. In 2003, Dubai immigration conducted
training to detect fraudulent documents, often used
by trafficked persons, for 249 arrival inspectors and
177 departure inspectors. Immigration officials also
regularly meet with the Dubai Human Rights Care
Department and the inter-agency Human Rights Care
Committee to discuss TIP issues.
The authorities have recognized that illegal
immigration and the violation of residency laws is a
problem in the UAE. To that end, the Ministry of
Interior's Department of Naturalization and Residency
created a central operations room in 2000, including
an integrated federal data center to track the
arrival and departure of individuals in the
Federation's seven emirates. In 2003, the UAEG
instituted the use of retinal scans to add biometrics
identification information to its databases.
Biometrics information will help UAEG authorities to
better monitor migration and combat document fraud by
visitors and illegal immigrants.
In an effort to crack down on border infiltrators and
immigration violators, the UAEG conducted a six-month
amnesty program in 2003. This program allowed
persons who overstayed their visas, worked illegally
on visit visas, or who entered the country without
visas, to leave the country without penalty of
prosecution for immigration violations.
So that the UAEG can better monitor immigration
patterns, the UAEG is updating its immigration
databases with information received from a
questionnaire completed by all amnesty-seekers. The
questionnaire included questions on how the amnesty
applicants arrived in the country, who assisted them
in coming and staying here, what they have been
doing, and whether they have been working while here.
Immigration officials indicated that questionnaires
containing information that suggests criminal
activity, including trafficking in persons, are
referred to law enforcement authorities for
investigation.
Labor Ministry officials indicated that they will use
statistical information received from the general
amnesty program to identify practices and trends that
violate the labor law or abuse workers so that they
can better manage the labor market and protect worker
rights.
Although the amnesty program was not designed
specifically to determine the extent or magnitude of
the trafficking in persons to the UAE, UAEG officials
have stated that statistical analysis based on
amnesty program information will provide them with a
foundation to actively and effectively monitor
trafficking in persons and estimate the magnitude of
the problem.
-- H. Is there a mechanism for coordination and
communication among various agencies, such as multi-
agency working group(s) or task force(s)? Does the
government have a trafficking in persons task force?
Does the government have a public corruption task
force?
The UAEG does not have a public corruption task
force. Since 2002, the Ministry of Foreign Affairs
has led and directed inter-ministry coordination and
communication on trafficking in persons issues.
Representatives from the Ministries of Foreign
Affairs, Interior, Justice, Labor, and the Dubai
Police meet when required. The MFA has stated that
this group plans to meet more regularly in 2004, and
will discuss the formulation of a national action
plan.
Anti-TIP specialists working in the Dubai
immigration, police, and public prosecutors offices
coordinate regularly to handle TIP cases. Since its
creation six months ago, the 16-person anti-TIP
office at the Dubai Public Prosecutors Department has
worked closely with these offices to handle 14
trafficking cases.
-- I. Does the government coordinate with or
participate in multinational or international working
groups or efforts to prevent, monitor, or control
trafficking?
Throughout 2003, police and Ministry of Interior
officials developed channels with source country
governments to exchange information on organized
crime, including trafficking in persons.
UAEG authorities worked closely with authorities and
NGOs in Pakistan and Bangladesh to prevent and
control trafficking in boys to the UAE by stemming
the seizure and recruitment of these children at the
source. Law enforcement officials coordinated with
foreign NGOs and source country governments on
trafficking in women cases.
Immigration authorities also worked with source
country embassies and consulates to repatriate
trafficking victims, including 125 former camel
jockeys to Pakistan and 120 - 150 camel jockeys to
Bangladesh, in 2003.
-- J. Does the government have a national plan of
action to address trafficking in persons? If so,
which agencies were involved in developing it? Were
NGOs consulted in the process? What steps has the
government taken to disseminate the action plan?
An MFA-led inter-ministry group, including
representatives from Interior, Justice, Labor, and
the Dubai Police, coordinate and communicate on
trafficking in persons issues when needed. This
group created the plan of action for formulating and
implementing the child camel jockey ban. MFA
officials have reported that the same group will soon
discuss the creation of a national anti-TIP action
plan to expand their efforts to combating sex
trafficking.
-- K. Is there some entity or person responsible for
developing anti-trafficking programs within the
government?
The MFA primarily leads the way in coordinating anti-
TIP programs. However, in 2003 and 2004, the Dubai
Police Human Rights Care Department created several
inter-departmental programs to fight trafficking in
persons.
--------------------------------------------
¶6. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------------------------------------
-- A. Does the UAE have a law specifically
prohibiting trafficking in persons - both trafficking
for sexual exploitation and trafficking for non-sexual
purposes? If so, what is the law? If not, under what
other laws can traffickers be prosecuted? For
example, are there laws against slavery or the
exploitation of prostitution by means of coercion or
fraud? Are these other laws being used in trafficking
cases? Are these laws, taken together, adequate to
cover the full scope of trafficking in persons?
The UAE does not have one law specifically
criminalizing trafficking in persons, as defined by
the USG. However, traffickers can and are prosecuted
under a number of laws that, taken together, may be
adequate to cover the full scope of trafficking in
persons. Those laws criminalize child smuggling,
prostitution, and forced and compulsory labor.
UAE Penal Law Article 346 states: "Whoever brings into
or out of the country any person intending to possess
or dispose of and whoever possesses or purchases or
sells or offers for sale or transacts in any manner of
any person as a slave shall be punished with
provisional imprisonment." Provisional imprisonment
is a sentence of 3 years minimum and 15 years maximum.
Justice Ministry officials indicate that traffickers
can also be prosecuted under other penal laws,
including: kidnapping; rape; sodomy; sexual abuse;
sexual exploitation; immoral acts; exploitation of
someone for immoral acts; physical abuse; false
imprisonment; juvenile endangerment; forced labor;
child labor; forced prostitution; indecency;
enticement, inducement or deceiving someone to commit
immoral acts or prostitution; aiding or facilitating
the commission of immoral acts or prostitution;
keeping or operating a place for immoral acts or
prostitution; and money laundering.
Ministry of Labor officials also report that the UAE
Labor Law contains penalties for labor law violations.
UAE Labor Law Art. 181 provides for a fine from 3,000
dirhams (about $820) to 10,000 dirhams (about $2700)
and/or imprisonment up to six months per labor law
violation or for obstructing, preventing or
threatening labor inspectors.
In 2003, Dubai police reported 166 cases of non-
citizen traffickers charged with a number of the above
criminal offenses. Police reported five UAE citizens
were charged with similar crimes in 2003. There were
104 cases of firms (primarily travel agencies) closed
in 2003 due to visa trading (firms offered non-
existent jobs to women, and expected them to work as
prostitutes on arrival). Twelve additional Dubai
institutions (primarily hotels and apartment
complexes) were closed in 2003 due to fostering
prostitution. In 2003, 4,924 women were arrested in
Dubai for prostitution. There are no statistics
available to determine how many of these women were
ultimately charged with crimes, and how many were
treated as trafficking victims.
UAE law appears to adequately cover the full scope of
trafficking in persons in a piecemeal fashion.
Ministry of Justice officials are currently reviewing
U.S. trafficking in persons model legislation and
evaluating current UAE laws to determine whether
there are gaps in existing legislation. If so,
Justice Ministry officials will determine whether
supplemental legislation will be adequate or if
comprehensive trafficking in persons legislation will
be necessary.
-- B. What are the penalties for traffickers of
people for sexual exploitation? For traffickers of
people for labor exploitation?
There is no single law specifically criminalizing
trafficking. The punishment for child smuggling is
imprisonment plus a 1,000 dirham (USD 365) fine. For
child smuggling that results in child abuse, the fine
is increased to 10,000 dirhams (USD 3,650). UAE Penal
Law Art. 346 (see 6.A above), which comes closest to
the USG definition of trafficking in persons, provides
for imprisonment from 3 years minimum to 15 years
maximum.
-- C. What are the penalties for rape or forcible
sexual assault? How do they compare to the penalty
for sex trafficking?
Sentencing for rape ranges from 15 years plus
lashings to capital punishment. The penalty for rape
that leads to the death of the victim or for rape
with extenuating circumstances is capital punishment.
-- D. Has the UAEG prosecuted any cases against
traffickers? If so, provide numbers of arrests,
indictments, convictions, and sentences, including
details on plea bargains and fines, if relevant and
available. What were the penalties actually imposed
in each case? Are the traffickers serving the time
sentenced? If no, why not? Please indicate whether
the government can provide this information, and if
not, why not?
Although the UAE does not have a specific trafficking
law, in 2003, Dubai police reported 166 cases of non-
citizen traffickers charged with a number of criminal
offenses. Police reported five UAE citizens were
charged with similar crimes in 2003. There were 104
cases of firms (primarily travel agencies) closed in
2003 due to visa trading (firms offered non-existent
jobs to women, and expected them to work as
prostitutes on arrival). Twelve additional Dubai
institutions (primarily hotels and apartment
complexes) were closed in 2003 due to fostering
prostitution.
UAEG officials are attempting to compile additional
statistics on arrests, prosecutions, and convictions.
We will forward this information immediately when it
is received.
-- E. Is there any information or reports of who is
behind the trafficking? For example, are the
traffickers freelance operators, small crime groups,
and/or large international organized crime syndicates?
Are employment, travel, and tourism agencies or
marriage brokers fronting for traffickers or crime
groups to traffic individuals? Are government
officials involved? Are there any reports of where
profits from trafficking in persons are being
channeled?
IOM and NGO reports indicate that organized crime
groups, almost all of them originating from the source
countries, are behind most, if not all, trafficking
cases to the UAE, with the typical size of the
organized crime group varying according to the source
country. Employment and travel agencies have been
used as fronts for traffickers, although in many cases
these organizations handle legitimate business as well
as participate in trafficking. Many of these
businesses were closed by police in 2003 (see 6.A and
D). There are no verified reports that government
officials are involved, although there have been
anecdotal, unverified reports that some lower-level
officials may turn a blind eye to the problem. There
are no reports of where the profits are being
channeled.
-- F. Does the government actively investigate cases
of trafficking? Does the government use active
investigative techniques in trafficking in persons
investigations? To the extent possible under domestic
law, are techniques such as electronic surveillance,
undercover operations, and mitigated punishment or
immunity for cooperating suspects used by the
government? Does the criminal procedure code or other
laws prohibit the police from engaging in covert
operations?
Law enforcement officials report that they actively
investigate cases of trafficking in persons, primarily
through regular sting operations to ferret out sex
trafficking cases, as well as by using the ID card
system at racetracks to rescue boys trafficked as
camel jockeys. Investigation is accomplished more
regularly in cases brought to police attention through
complaints from victim or other interested parties.
Police officials state that trafficking in persons
investigations are challenging when trafficking is
suspected but the victim refuses to provide
information, likely out of fear or distress.
Police officials also report that active investigative
techniques are used in criminal investigations,
including trafficking in persons cases, and that
electronic surveillance and undercover operations are
permitted and used. Police officials recommend
sentence mitigation for cooperating suspects and are
not prohibited from engaging in covert operations.
However, due to restraints on properly trained and
experienced law enforcement staff, it is likely that
police take more of a reactive vice proactive role in
investigating trafficking case.
-- G. Does the government provide any specialized
training for government officials in how to recognize,
investigate, and prosecute instances of trafficking?
On several occasions over the past year, senior UAEG
leadership requested information on training
opportunities that specifically address combating
trafficking in persons, to help law enforcement,
prosecutors and judges better identify, investigate
and prosecute cases of trafficking in persons.
In March 2003, the Dubai Human Rights Care Department
held a five-day training seminar, including lectures
on anti-trafficking, for 18 representatives from
police investigations, immigration, social
assistance, the moral directive department, and
several smaller Dubai police stations.
In December 2003, Dubai police held a lecture for
legal personnel on human rights and anti-TIP issues.
In May 2004, the MFA, in cooperation with Post and
the IOM, plans to hold an inter-ministerial Anti-
Trafficking in Persons Workshop in Abu Dhabi. The
same month, the Abu Dhabi Police College, also with
the assistance of the Department of State and the
IOM, plans to hold an in-depth anti-trafficking in
persons training seminar.
Post is looking forward to the arrival of a proposed
DOJ Resident Legal Advisor in Spring 2004, who will
provide further training opportunities to UAEG
ministries and departments.
Ministry of Justice officials report that its
Institute of Judicial Training and Studies conducts
mandatory classes for prosecutors and judges on proper
victim care and assistance. The Institute also
conducts mandatory specialized classes (with course
duration in parentheses) on the following topics:
human rights (14 hours); sexual offenses (20 hours);
offenses against life (20 hours); immigration offenses
(20 hours); juvenile protection and delinquency (30
hours); labor violations and offenses (12 hours).
In April 2003, the Dubai Police Department will host
an FBI Organized Crime Undercover Operations training
program at the Middle East Law Enforcement Training
Center. Law enforcement officers representing all
local police departments are expected to attend.
This specialized training will help to combat
trafficking in persons to the UAE since organized
crime groups reportedly commit most, if not all,
trafficking offenses.
-- H. Does the government cooperate with other
governments in the investigation and prosecution of
trafficking cases? If possible, can post provide the
number of cooperative international investigations on
trafficking?
UAEG officials state, and local embassies and
consulates confirm, that they cooperate with
authorities in Pakistan and Bangladesh to prevent and
control trafficking in boys to the UAE by stemming
the seizure and/or recruitment of these children at
the source. Law enforcement officials report that
they also cooperate and work in coordination with
foreign NGOs and foreign governments on trafficking
in women issues when cases are brought to their
attention.
Immigration authorities work with foreign embassies
and consulates and foreign NGOs in repatriation
cases. In 2003, 125 Pakistani camel jockeys were
repatriated, with cooperation among the UAEG, source
country missions, and source country NGOs. The
Embassy of Bangladesh reported that between 120 - 150
boys were repatriated in 2003 with similar
cooperation from the UAEG.
Ministry of Interior officials have indicated that
they continue to work on developing channels with
foreign governments, primarily source country
governments, to exchange information on organized
crime, including trafficking in persons.
-- I. Does the government extradite persons who are
charged with trafficking in other countries? If so,
can post provide the number of traffickers extradited?
Does the government extradite its own nationals
charged with such offenses? If not, is the government
prohibited by law from extraditing its own nationals?
If so, what is the government doing to modify its laws
to permit the extradition of nationals?
The UAEG currently has extradition treaties with a
number of countries, including India, Sri Lanka,
Armenia, Canada (for drugs and money-laundering
charges), China, Saudi Arabia, Tunisia, Algeria,
Morocco, Syria, Somalia, Jordan and Egypt. Between
1997-2001, 253 suspected criminals were extradited
from the UAE and 96 suspected criminals were
extradited to the UAE. Post does not have statistics
covering post-2001 extraditions. In some cases,
extradition was performed to and from countries with
which the UAEG does not currently have an extradition
treaty.
Over the past few years, UAEG authorities have
discussed extradition treaties with Azerbaijan,
Pakistan, Russia, France, Germany, Australia, South
Africa, the US, and Yemen.
The UAEG also has mutual legal assistance treaties in
criminal matters with a number of countries. In some
cases, mutual legal assistance was exchanged with
countries with which the UAEG does not currently have
a mutual legal assistance treaty. The USG and UAEG
have exchanged mutual legal assistance treaty
documents in 2003 and will likely continue treaty
negotiations this year.
To our knowledge, the UAEG has not requested
extradition or granted extradition in a case of
trafficking in persons. Based on the UAEG's record on
extradition and mutual legal assistance in criminal
matters, it is expected that the UAEG would request or
grant extradition and mutual legal assistance in
trafficking in persons cases.
UAEG extradition of a UAE citizen to another country
is unlikely absent extreme extenuating circumstances.
For example, there is reportedly a clause in the UAE-
India extradition treaty, included at the UAEG's
request, wherein both nations agreed not to extradite
their own nationals to the other.
-- J. Is there evidence of government involvement in,
or tolerance of, trafficking, on a local or
institutional level? If so, please explain in detail.
There is no firm evidence of government involvement in
or tolerance of trafficking, whether on a local or
institutional level. There have been some unverified
anecdotal reports that some lower-level officials may
look the other way as traffickers bring their victims
into the country. There are other, similar unverified
reports that some police may "tip off" certain clubs,
bars or hotels before a sting. There is no evidence
to confirm any of these reports, and there is no deep-
seated culture of corruption in the UAE Government.
-- K. If government officials are involved in
trafficking, what steps has the government taken to
end such participation? Have any government officials
been prosecuted for involvement in trafficking or
trafficking-related corruption? Have any been
convicted? What actual sentence was imposed? Please
provide specific numbers, if available.
There have been no credible cases reported of
government officials involved in trafficking. Based
on previous cases of investigation and prosecution of
government officials for criminal offenses, it is
expected that the UAEG would investigate and prosecute
government officials suspected of trafficking or
trafficking-related corruption.
-- L. Has the government signed, ratified, and/or
taken steps to implement the following international
instruments? Please provide the date of
signature/ratification if appropriate.
¶A. ILO Convention 182 Concerning the Prohibition and
Immediate Action for the Elimination of the Worst
Forms of Child Labor:
The UAEG ratified ILO Convention 182 Concerning Worst
Forms of Child Labor on 28 June 2001.
¶B. ILO Conventions 29 and 105 on Forced or Compulsory
Labor:
The UAEG ratified ILO Convention 29 Concerning Forced
Labor on 27 May 1982.
The UAEG ratified ILO Convention 105 Concerning
Abolition of Forced Labor on 24 February 1997.
¶C. Optional Protocol to the Convention on the Rights
of the Child on the Sale of Children, Child
Prostitution, and Child Pornography:
The UAEG ratified the UN Convention on the Rights of
the Child on 3 January 1997, but has not ratified its
supplemental Option Protocol on the Sale of Children,
Child Prostitution, and Child Pornography.
¶D. The Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children,
Supplementing the UN Convention against Transnational
Organized Crime:
The UAE acceded to the UN Convention Against
Transnational Organized Crime in December 2002.
Justice Ministry officials report that the UAE is
reviewing and will likely sign the following
supplemental protocols soon: (1) the Supplemental
Protocol to Prevent, Suppress and Punish Trafficking
in Persons, Especially Women and Children; and (2)
the Supplemental Protocol Against the Smuggling of
Migrants by Land, Sea and Air.
¶E. Other Instruments:
The UAEG has also ratified or acceded to the following
international instruments that help directly or
indirectly guard against trafficking in persons.
(Note: Date of ratification or accession in
parentheses. End note.)
--UN International Convention on the Elimination of
All Forms of Racial Discrimination (acceded 20 June
1974).
--Convention Against Slavery (ratification date
unknown).
--ILO Convention 1 Concerning Hours of Work for
Industry (ratified 27 May 1982).
--ILO Convention 81 Concerning Labor Inspection
(ratified 27 May 1982).
--ILO Revised Convention 89 Concerning Night Work for
Women (ratified 27 May 1982).
--ILO Convention 100 Concerning Equal Remuneration
(ratified 24 February 1997).
--ILO Convention 111 Concerning Discrimination in
Employment and Occupation (ratified 28 June 2001).
--ILO Convention 138 Concerning Minimum Age for
Employment (ratified 2 October 1998).
------------------------------------
¶7. PROTECTION AND ASSISTANCE TO VICTIMS
------------------------------------
-- A. Does the government assist victims, for
example, by providing temporary to permanent residency
status, relief from deportation, shelter and access to
legal, medical and psychological services? If so,
please explain. Does the country have victim care and
victim health care facilities? If so, can post
provide the number of victims placed in these care
facilities? Are trafficking victims offered HIV/AIDS
screening or otherwise tested for HIV/AIDS? If so,
what are the results?
The Government provides assistance and protection to
victims, including victims of trafficking in persons.
Counseling services are available in public hospitals.
While the UAE has no "safehouses," authorities have
worked with embassies and NGOs to provide shelter
facilities, either in hotels or in embassies and
consulates. Police Departments also provide shelter
facilities for victims separate from the general
prison population. Those sheltered in police
facilities receive free medical care.
UAE Code of Criminal Procedures Arts. 14 and 22
provide for legal assistance for victims.
The following victim protection and assistance
services in Dubai Emirate are particularly notable
because almost all women traveling to the UAE for
purposes of prostitution, whether forced or otherwise,
reportedly travel to Dubai.
Each Dubai police station is staffed with a human
rights officer and a social worker/counselor from
Dubai Police's Human Rights Department. These
officers and social workers/counselors are available
to assist complainants and victims.
In 2002, the Dubai Police Human Rights Care Department
developed a Crime Victims' Assistance Program, which
includes the creation of Victim Assistance
Coordinators and police training in victim protection
and assistance. In March 2003, Victim Assistance
Coordinators were assigned to police stations. Victim
Assistance Coordinators' responsibilities include
advising victims about the criminal justice system and
criminal procedure; encouraging witness testimony,
especially in cases like sexual abuse and trafficking
in persons where victims are reluctant to speak out;
advising victims of their rights; providing counseling
and medical care; placement in a hotel or shelter; and
follow-up with victims as the case proceeds to trial.
The Dubai Tourist Security Department operates a 24-
hour toll-free hotline telephone number to assist
visitors with inquiries or problems. The Department
publishes information on the hotline and precautionary
measures for visitors in a brochure that is
distributed at all ports of entry and other locations,
including source country missions.
The Women's Da'waa Administration in the Dubai
Department of Awqaf and Islamic Affairs also operates
a hotline especially geared toward women and children.
Operating since July 2002, the hotline is open to all
nationalities living in all emirates. The hotline is
open from 8:00 a.m. to 9:00 p.m., Saturday to
Wednesday, but will take emergency calls on Thursday
and Friday (the UAE weekend).
-- B. Does the government provide funding or other
forms of support to foreign or domestic NGOs for
services to victims?
The Government provides funding for most or all local
NGOs, and works with foreign NGOs to provide
assistance to trafficking victims.
-- C. Is there a screening and referral process in
place, when appropriate, to transfer victims
detained, arrested, or placed in protective custody
by law enforcement authorities to NGOs that provide
short- or long-term care?
Authorities regularly work with source country NGOs
to assist in the humane repatriation of victims to
their home countries. Screening and referral
processes are in place at police stations to
determine, through interviewing, which individuals in
custody are victims of trafficking and require
protection and assistance. Police departments work
with embassies and consulates to provide further
assistance. While law enforcement has regularly
transferred trafficking victims to the protective
care of NGOs outside the UAE, there are no reports in
2003 of police officials transferring custody to
local NGOs.
-- D. Are the rights of victims respected, or are
victims also treated as criminals? Are victims
detained, jailed, or deported? If detained or jailed,
for how long? Are victims fined? Are victims
prosecuted for violations of other laws, such as those
governing immigration or prostitution?
Rights of victims are generally respected, once
identified as victims. There have been some reports,
however, of cases where victims were never identified
as such, and instead were treated as criminals.
Individuals identified as victims are not detained,
jailed or deported. Individuals identified as
victims are also not prosecuted for violations of
other laws, such as those governing immigration or
prostitution, if commission of such offenses is
determined to have occurred beyond their control,
which would be the case for most trafficking victims.
For example, law enforcement officials stated that
they would not prosecute a victim of forced
prostitution for prostitution. And, immigration
officials indicated that victims would not be
prosecuted for immigration violations if, for
example, they overstayed in the country illegally
because a trafficker had seized their passports.
Police encourage victims to testify against their
traffickers, and they are provided assistance in
housing and employment during the proceedings.
However, police have reported that in most cases,
victims choose to be immediately repatriated to their
home countries.
-- E. Does the government encourage victims to assist
in the investigation and prosecution of trafficking?
May victims file civil suits or seek legal action
against the traffickers? Does anyone impede the
victims' access to such legal redress? If a victim is
a material witness in a court case against the former
employer, is the victim permitted to obtain other
employment or to leave the country? Is there a victim
restitution program?
Law enforcement officials report that they advise
victims of their rights and encourage witness
testimony, especially in cases like sexual abuse and
trafficking in persons where victims are reluctant to
speak out. Police will assist victims who choose to
stay in the UAE with locating appropriate housing and
temporary employment opportunities.
Before or during a criminal trial, a victim may claim
financial compensation or "diya", which is granted as
part of defendant's sentence. Victims may also file
civil suits for damages.
Foreign diplomats indicate that victims have been
permitted to give sworn testimony and leave the
country before judgment was rendered.
-- F. What kind of protections is the government able
to provide for victims and witnesses? Does it provide
these protections in practice?
The government is able to provide protections for
victims and witnesses, and does provide these
protections in practice.
UAE Code of Criminal Procedures Arts. 14 and 22
provide for legal assistance for victims.
Authorities have worked with NGOs to provide shelter
facilities for victims. Victims may also seek
shelter from their embassies and consulates. Police
Departments also provide shelter facilities for
victims separate and apart from jail facilities, and
have also arranged for shelter in hotels.
-- G. Does the government provide any specialized
training for government officials in recognizing
trafficking and in the provision of assistance to
trafficked victims, including the special needs of
trafficked children? Does the government provide
training on protections and assistance to its
embassies and consulates in foreign countries that are
destination or transit countries? Does it urge those
embassies and consulates to develop ongoing
relationships with NGOs that serve trafficked victims?
The UAEG senior leadership has repeatedly requested
information on training opportunities that
specifically address combating trafficking in
persons, to help law enforcement officials,
prosecutors and judges better identify, investigate
and prosecute trafficking in persons cases.
In March 2003, the Dubai Human Rights Care Department
ran a five-day victim assistance training course for
18 individuals from police investigations,
immigration, social assistance, the moral directive
department, and police stations around Dubai.
Lecture topics included: How to protect juvenile
victims; Criminal investigation procedures to
determine if someone in custody is a TIP victim;
Study of the Labor Law; Psychology of victims of
crime; and Rights of victims.
In May 2004, the Abu Dhabi Police College, with
guidance from the IOM, Post, and G/TIP, will conduct
an anti-TIP training seminar. Also in May and with
the support of the IOM, Post and G/TIP, the MFA will
host an anti-TIP workshop for ministries, law
enforcement officials, and source country
representatives. From May 20 - June 10, 2004, a
representative from the Ministry of Interior's Legal
Affairs Department will participate in an anti-
trafficking in persons IV program in Washington, D.C.
Ministry of Justice officials reported that the
Ministry's Institute of Judicial Training and Studies
conducts mandatory classes for prosecutors and judges
on proper victim care and assistance. The Institute
also conducts mandatory specialized classes (with
course duration in parentheses) on the following
topics: human rights (14 hours); sexual offenses (20
hours); offenses against life (20 hours); immigration
offenses (20 hours); juvenile protection and
delinquency (30 hours); labor violations and offenses
(12 hours).
-- H. Does the government provide assistance, such as
medical aid, shelter, or financial help, to its
repatriated nationals who are victims of trafficking?
There are no reports of UAE nationals being
trafficked outside of or within the UAE. Considering
the UAEG's record of numerous services provided to
citizens at little to no cost, it is expected that
the UAEG would provide generous assistance to
repatriated UAE nationals who are victims of
trafficking, if such a situation were to occur.
-- I. Which NGOs, if any, work with trafficking
victims? What type of services do they provide? What
sort of cooperation do they receive from local
authorities?
The Government cooperates and coordinates with NGOs
in providing assistance to trafficking victims. For
example, Abu Dhabi police officials have worked with
the Pakistan-based Ansar Burney Foundation, a non-
governmental organization dedicated to improving
human rights in South Asia, in providing shelter to
and assisting in the repatriation of rescued children
brought to the UAE to work as camel jockeys. The
UAEG also works with several other South Asian NGOs
that address the camel jockey issue, in order to
humanely repatriate the boys. The UAEG also works
with the International Center for Women's Rights and
the United Nations regularly, as well as other NGOs
as cases arise.
WAHBA