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Viewing cable 07ABUDHABI368, UAE 2007 TIP REPORT
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
07ABUDHABI368 | 2007-03-05 15:27 | 2011-08-26 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Abu Dhabi |
VZCZCXRO5835
PP RUEHDE RUEHDIR
DE RUEHAD #0368/01 0641527
ZNR UUUUU ZZH
P 051527Z MAR 07 ZDK
FM AMEMBASSY ABU DHABI
TO RUEHC/SECSTATE WASHDC PRIORITY 8447
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE
RUEHDS/AMEMBASSY ADDIS ABABA 0133
RUEHAH/AMEMBASSY ASHGABAT 0086
RUEHTA/AMEMBASSY ASTANA 0002
RUEHKB/AMEMBASSY BAKU 0073
RUEHBJ/AMEMBASSY BEIJING 0189
RUEHEK/AMEMBASSY BISHKEK 0078
RUEHLM/AMEMBASSY COLOMBO 0132
RUEHKA/AMEMBASSY DHAKA 0283
RUEHIL/AMEMBASSY ISLAMABAD 1567
RUEHJA/AMEMBASSY JAKARTA 0090
RUEHKV/AMEMBASSY KYIV
RUEHMS/AMEMBASSY MUSCAT 0600
RUEHNE/AMEMBASSY NEW DELHI 1338
RUEHRB/AMEMBASSY RABAT 0378
RUEHNT/AMEMBASSY TASHKENT 0231
RUEHYE/AMEMBASSY YEREVAN 0048
UNCLAS SECTION 01 OF 20 ABU DHABI 000368
SIPDIS
SENSITIVE
SIPDIS
STATE FOR G/TIP, G, INL, DRL, PRM, IWI, NEA/RA
E.O. 12958: N/A
TAGS: PHUM PREF ELAB KCRM KWMN SMIG KFRD ASEC AE
SUBJECT: UAE 2007 TIP REPORT
REF: 06 STATE 202745
ABU DHABI 00000368 001.3 OF 020
¶1. (U) Following is Post's submission of the 2007
Trafficking in Persons Report for the United Arab Emirates,
covering the reporting period of April 2006 through March
¶2007. Responses under each section heading are keyed to the
relevant sections of reftel paragraphs 27-30. Embassy TIP
point of contact is PolOff Benjamin Thomson, office: 971 (2)
414-2621, fax: 971 (2) 414-2639; email: thomsonba@state.gov.
---------------------------------------
OVERVIEW OF ACTIVITIES TO ELIMINATE TIP
---------------------------------------
¶2. (SBU) The following responses are keyed to reftel
paragraph No. 27.
-- A. The United Arab Emirates was a country of destination
for international trafficked men, women, and children; there
is also some information to suggest that the UAE was a
country of transit for trafficking victims, particularly
domestic workers. There is no evidence that the UAE was a
source country for trafficking victims. There were no
reliable numbers or demographic breakdown regarding
trafficking, but reports by NGOs, IGOs, and source countries
estimated the number of trafficking victims currently in the
UAE as varying between a few thousand and tens of thousands,
depending on their definition of trafficking.
In the UAE, most victims were trafficked as either unskilled
laborers or commercial sex workers. Undoubtedly, the largest
number of trafficking victims were men and women primarily
from South Asia entered the UAE as unskilled labor; the men
to work in construction and the women as domestic workers.
While the total number of construction workers exceeds
500,000 and domestic workers 200,000 (according to various
source country embassies), the actual number of trafficking
victims among them is unknown. Construction workers,
particularly from India, often arrive in a state of debt
bondage having voluntarily paid as much as $2,700 (10,000
dirhams) to an agent in the source country to arrange an
employment contract. These workers typically receive a
salary of between $135 to $200 (500 to 750 dirhams) per
month, and often are not paid for several months at a time,
while interest continues to accrue on their debt. Trapped in
these conditions for 2 to 3 years (on average), bonded labor
victims could easily number in the tens of thousands
according to a prominent U.S. NGO. Domestic workers
generally came to the UAE voluntarily, but often had their
passports seized upon entry, or came with the understanding
that they would work in a more-skilled profession instead of
the one into which they were coerced. According to source
country embassies, victims of these circumstances could range
from hundreds to thousands. There were reports that women --
primarily from Sri Lanka and the Philippines -- were lured to
the UAE to work as domestic workers but were then sent to
work in other countries including Oman and Sudan.
The second largest group of victims were those brought for
the commercial sex industry. These women come from a myriad
of countries spanning from eastern Europe to Africa to East
Asia. At least 10,000 women worked in the commercial sex
industry last year; there is no reliable information as to
how many were trafficking victims.
-- B. A general overview of the situation for each of the
primary trafficking categories is provided below.
Unskilled Labor: The UAE economy is heavily dependent on
foreign labor. An estimated 80 percent of the total UAE
population, and roughly 98 percent of the private workforce,
is expatriate. The majority of unskilled workers are from
ABU DHABI 00000368 002.2 OF 020
poor source countries who were came to the UAE for its
economic opportunities. Many of these workers became
trafficking victims after their arrival in the UAE. These
victims were primarily women from South and Central Asia
particularly India, Sri Lanka, Bangladesh, Indonesia, and the
Philippines, who were trafficked here as domestic laborers;
and men from India, Sri Lanka, and Pakistan who came to the
UAE to work as laborers, primarily in the construction
sector, but also in agriculture.
Labor conditions in the UAE can be harsh for all unskilled
workers, and more so for trafficking victims. There were
reports from NGOs, IGOs, source country diplomatic
representatives, and media that some employers abused
domestic servants, both trafficked and voluntary workers.
Allegations included excessive work hours, nonpayment of
wages, verbal, mental, physical, and sexual abuse, and
restriction of movement. There were some additional local
media and anecdotal reports of a few isolated cases of
domestic servants committing suicide or dying while trying to
escape from their employers' homes after being locked inside
for weeks or months at a time.
Trafficking victims in this sector usually arrive in the
country voluntarily, having entered into employment contracts
in their home country with an agent (usually of the same
nationality as the victim) located in the UAE. Once the
employee arrives in the UAE, the agent seizes the victim's
passport and holds it for the term of the contract. The
practice of seizing passports remains common among employers
in all professions, including public sector jobs, even though
outlawed in July 2003. By law, employers may only legally
hold employees' passports long enough to take care of
administrative business, after which time the employers are
required to return the passports to their employees. However,
the practice of retaining an employee's passport indefinitely
remains commonplace in both the private and public sectors.
The UAEG organized a public relations campaign to inform both
workers and employers that the practice is illegal. There
were numerous instances, widely reported by the media, in
which UAE courts and embassies or consulates successfully
intervened to compel an employer to return a passport to an
employee.
Contract switching was common in the case of domestic
workers. Domestic workers were sometimes made employment
offers to work as a secretary or other office job and travel
to the UAE on a visit visa with the promise that the contract
would be signed in the UAE, but upon arrival the worker was
informed that he/she would be working as a domestic worker or
in the hotel or restaurant sector. In a new occurrence this
year, there were reports of women being brought to the UAE on
domestic servant contracts who were subsequently not employed
in the UAE but sent to work in other countries (e.g. Sudan).
There were further reports that domestic workers who ran away
from abusive employers and sought assistance from the
recruitment agencies that brought them to the UAE were
coerced into transferring their contracts and were sent to
work in other countries (e.g. Oman). Employees who sought
assistance from their respective diplomatic missions were
almost always able to resolve their complaints to the
employees' satisfaction. Source country labor attaches
report good relations with Ministery of Interior (MoI) and
immigration officials, and state that although domestic
workers are not covered under the labor law, Ministry
officials routinely offer similar dispute resolution
processes and protections as the labor law provides, but on
an informal basis. In March 2007, the UAEG announced a
standardized work contract for all domestic workers that will
take effect on April 1, 2007. The new standard contract
stipulates benefits but not wages, and formalizes a dispute
resolution process through each emirate's Naturalization and
ABU DHABI 00000368 003.2 OF 020
Residency Department.
A small contingent of underage Filipina workers appear to
have been brought to the UAE as domestic workers; these girls
are sometimes as young as 14 years old. The majority of
these girls are Muslims from the island of Mindanao, where
Christian church records that are often relied on for
accurate date of birth are not available. Since the UAEG
does not issue work permits for persons under 18 years of
age, these girls, along with a family member (often their
mother), will sign an attestation of age and apply for a
passport indicating that the girl is at least 18 years of
age. Using a genuine passport (containing fraudulent
information) a girl would then enter into a domestic worker
contract and travel to the UAE. Young, inexperienced, and
completely cut off from family, these girls are usually
unprepared for the life that awaits them as domestic workers
in households (sometimes physically isolated) where there is
no one who speaks the same language. UAE immigration
officials are aware of this trend and actively screen
passengers, especially young women, turning them around at
the port of entry if they are unaccompanied or their age is
in question. According to Philippines labor officials, these
girls continue to arrive at a steady rate despite MoI and
Naturalization and Residency Department's efforts. As of
March 2007, the local Philippines labor office will not
approve domestic worker contracts for women under the age of
¶25.
The Ministries of Interior and Labor have expended
considerable effort to prevent and resolve these problems.
MoI took action against hundreds of employers who abused or
failed to pay their domestic employees. According to current
regulations, ministry officials can ban an employer from
further sponsorship of domestic employees after receiving
four reports of abuse. Police officials, particularly in
Dubai, assisted trafficking victims once they identified
themselves as such. However, victims were often reluctant to
approach police due to their illegal status and the risk of
losing their jobs and being arrested and deported. Source
country officials have stated that the Ministries of Labor
and Interior, and the Immigration Departments of both Abu
Dhabi and Dubai, significantly increased their efforts at
addressing the labor complaints of the domestic workers.
Contrary to past practices where complaining employees were
summarily deported, source country officials reported that
the Departments of Immigration in Abu Dhabi and Dubai
resolved approximately 80% of domestic worker complaints in
favor of the worker, garnering back-wages, or allowing them
to transfer to other employers, depending on the nature of
the complaint.
Construction workers, the largest single work force in the
UAE, often worked under the harshest conditions. The media
regularly reported on strikes by construction workers
protesting adverse working conditions and unpaid salaries.
There were several strikes involving more than 1,000 workers;
the striking workers claimed they had not been paid for
periods up to six months. (Unpaid construction workers in
the UAE often continue working without pay, fearing that if
they protest they may have no chance to recover wages owed to
them. With their room and board provided by their employer,
the amount of time that they are willing/able to keep working
without pay is much longer than would be the case in a
typical non-trafficking work situation, where the salary
would be needed to cover the expenses of daily life.) The
Ministry of Labor resolved these disputes quickly when they
became known. Legally employed construction workers are
covered by the existing UAE labor law, with a clear protest
and mediation procedure. However, legally employed domestic
servants and agricultural workers are not covered by the
labor law, and must appeal to the Naturalization and
ABU DHABI 00000368 004.2 OF 020
Residency Departments regarding disputes with their
employers.
Commercial Sex: The commercial sex industry in the UAE is
extensive, with some estimates in excess of 15,000
prostitutes resident among a population of less than five
million people. Dubai police stated that they themselves
typically arrest and deport between 5,000-6,000 prostitutes
annually, and the total number of prostitutes has not
significantly decreased year-over-year. There were no
reliable estimates of how many prostitutes (primarily in
Dubai, with somewhat fewer numbers in Abu Dhabi and
significantly fewer numbers in the Northern Emirates) were
trafficking victims.
Victims in this sector come from many different countries
including (in rank order within each region) from eastern
Europe: Uzbekistan, Kyrgyzstan, Ukraine, Russia, Kazakhstan,
Armenia, and Azerbaijan; Africa: Ethiopia, Somalia, Uganda,
and Morocco; and Asia: China, India, the Philippines, and
Pakistan, along with far fewer numbers from other Middle
Eastern countries, especially Iran, and more recently Iraq.
The Minister of Interior of Kyrgyzstan estimated that as many
as 1,500 women a year are trafficked to the UAE from
Kyrgyzstan, and it is widely acknowledged that a nearly equal
number are coming from Ukraine, Russia, and China, and
slightly more from Uzbekistan. These four countries alone
would account for the 6,000 replacements necessary to keep
the total number stable due to arrests and deportations.
Many women currently or formerly engaged in prostitution
admitted to both law enforcement and diplomatic officials 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.
Many of these women stated that they traveled to the UAE for
this purpose due to extreme economic hardship in their own
countries, and they often used same-nationality smugglers and
false documents to gain entry into the UAE. Others were
lured to the UAE by organized groups in the source country
under the false pretense of legitimate employment, but were
then forced into prostitution through physical abuse,
including rape, extreme mental abuse, and other threats
against themselves or their families. Originally promised
jobs in hotels or as secretaries, these victims were informed
upon their arrival that they would be working in the sex
industry, often coerced into working as dancers before
"graduating" from dancing to prostitution. Because the
traffickers are usually from the same country as the victims,
the victims are often afraid to give evidence, as they
believe the traffickers will exact revenge on their families
or on them once in the source country (this is especially
true with those from the CIS countries and to a lesser extent
the Chinese).
Regardless of whether the women came to the UAE with the
intent of working in the sex industry or not, upon arrival,
traffickers often seized victims' passports, restricted their
movements, and imposed steep (thousands of U.S. dollars)
debts incurred from their travel and other expenses, to be
"paid off" by working as prostitutes and forfeiting their
earned income. Often, when the debt was paid, the trafficker
sold the victim to another trafficker, who in turn forced the
victim to pay off yet another debt. Some trafficked women
were imprisoned in private residences and cheap hotels.
Others worked in dance clubs, bars, hotels, massage parlors,
and other public venues, primarily in Dubai, but also in Abu
Dhabi and, in smaller numbers, cities in the Northern
Emirates. Some trafficking victims, primarily women and
teenage girls, were held in private residences in all seven
emirates for sexual and/or labor exploitation. Local and
federal law enforcement authorities generally do not consider
ABU DHABI 00000368 005.2 OF 020
someone a victim if that person came to the UAE with the
intention of being a prostitute and then later became
involved in a situation where they were a victim of
trafficking.
Diplomatic officials and NGOs report that the governments in
the Northern Emirates, including Dubai, are not genuinely
concerned about prostitution or the trafficking of women.
According to these reports, officials perceive it as a
foreigner-on-foreigner crime, and therefore not of particular
concern. Prostitutes and alcohol are primary attractions for
some foreign visitors from the region, who subsequently spend
money on hotels, food, and other items while in Dubai. A
perceived need to address problems inherent in the presence
of some 600,000 unaccompanied male laborers in the country is
another factor contributing to official apathy. Prostitution
is blatant and apparent in virtually every hotel and bar in
both Abu Dhabi and Dubai where the hotel management has not
taken a special interest in prohibiting its practice.
-- C. UAEG ability to combat trafficking?
The UAE has both structural and cultural impediments to
combating trafficking, but corruption does not seem to be a
significant contributing problem. Gaining its independence
in 1971, the UAE has evolved from little-known desert
sheikhdoms to an international business and transportation
hub. 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 transnational challenges, 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 components.
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 and small national
population. Ministry and law enforcement officials at all
but the very top levels often lack appropriate levels of
formal training and/or on-the-job experience to assist them
in the performance of their jobs.
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 often prevent quick
action on matters with any level of controversy, such as TIP.
The federal Ministry of Interior oversees the Police General
Directorates in each of the seven emirates; however, each
emirate maintains its own police force and supervises the
police stations in that emirate. While all emirate police
forces theoretically are branches of the MoI, in practice
they operate with considerable autonomy.
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
ABU DHABI 00000368 006.2 OF 020
review and considers the draft language for passage into law
after ratification by the Supreme Council (comprised of the
rulers of all seven emirates).
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 at different budget levels. Civil
courts are generally a part of the federal system and
accountable to the Federal Supreme Court (with the exception
of Dubai and Ras Al Khaimah emirates, which have their own
independent judiciaries). Dubai and Ras Al Khaimah do not
refer cases in their courts to the Federal Supreme Court for
judicial review, although they maintained a liaison with the
federal Ministry of Justice.
Some cultural characteristics also hamper the Government's
ability to immediately address TIP. For example, as a Muslim
country, public discussion of sex is culturally taboo, which
makes it difficult to address sex trafficking. Similarly,
due to a cultural emphasis on privacy regarding matters of
the home, people rarely discuss abuse of trafficked domestic
servants publicly.
UAE immigration officials routinely block foreigners who have
been deported and attempt to re-enter the country illegally,
using iris recognition biometric technology. The database
contains approximately four million iris scan results,
including the results of over 300,000 illegal immigrants who
have been deported. However, authorities kept no data
documenting how many individuals were real or potential human
trafficking victims.
As a wealthy country, the UAEG theoretically was not limited
financially in its ability to fight TIP. But as a young
country with a largely inexperienced public work force, it
required continued personnel training to educate and
sensitize officials on the issue. Funding for police
services was generally adequate, although, as a loose
federation, there were sharply different budget levels in the
seven emirates, which led to varied ability to fund police
programs and aid victims. Additionally, like many countries,
federal ministry and local department budgets were determined
on an annual basis. Consequently, new programs may be
required to wait until the next budget grant when new monies
can be allocated.
-- D. UAEG systematic anti-trafficking efforts?
The UAEG devoted time and resources to sensitizing law
enforcement and immigration officials to the subject of
trafficking in persons, as well as practical training
techniques to protect victims and prevent future trafficking
incidents. Abu Dhabi and Dubai police and the Ministries of
Interior, Health, and Justice have all held anti-TIP training
courses throughout the year.
The Dubai Naturalization and Residency Department regularly
offered training for arrival and 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 March
2007, Dubai Police organized the first (reportedly in a
series) workshop on investigating human trafficking crimes.
The UAEG senior leadership asked the USG for training
information and opportunities that would further their
efforts to combat trafficking in persons, and help law
ABU DHABI 00000368 007.2 OF 020
enforcement officials, prosecutors and judges to better
identify, investigate and prosecute trafficking in persons
cases.
The Government provided some assistance to trafficking
victims, once identified as such. Counseling services are
available in public hospitals and jails, and human rights
care departments are present in all Dubai police stations.
There is an anti-TIP unit in the Dubai Police Central
Investigative Division (CID), and a Dubai Police Human Rights
Care Department (HRCD) that handles human trafficking cases.
Women arrested on suspicion of prostitution who identify
themselves as trafficking victims are cared for outside the
prison system, often in a hotel or shelter.
Over the reporting period, senior leaders voiced their strong
political will to combat trafficking in persons, although
there are questions as to whether they understand and/or
identify the problem in a manner consistent with USG
definitions (i.e. women who come to work as prostitutes and
are victimized afterwards). The highest levels of leadership
have detailed good faith efforts to address human
trafficking. However, there continued to be a significant
presence of thousands of women and teenage girls, a
significant number of whom are likely trafficking victims,
working in well known public venues as prostitutes.
There was no evidence that corruption of public officials was
a systemic problem. There were no verifiable reports of
government officials being linked to TIP activity during the
reporting period. In the past, the UAEG investigated and
prosecuted government officials suspected of committing
criminal offenses, such as embezzlement and fraud, and in
2006 significantly increased the penalties for government
corruption. The new anti-trafficking legislation passed in
December 2006 increased the penalty for public officials
involved in trafficking to life in prison. This willingness
to take action against government officials suspected of
illegal activity indicated that the UAEG would likely take
action against government officials linked to trafficking in
persons, if identified.
While UAEG law enforcement generally did a good job of
protecting and assisting TIP victims, once identified, it
generally did not proactively investigate trafficking cases,
nor did it regularly arrest, prosecute, and punish
traffickers, brothel owners, pimps, or customers of
prostitutes. However, the UAEG did regularly deport both
traffickers and prostitutes, banning them from returning to
the country. UAEG officials believe that quick, permanent
administrative deportations of suspected traffickers is more
effective than pursuing a slow legal case against them
through the courts, which would impose a higher burden of
proof. The UAEG did not provide any statistics regarding the
number of suspected traffickers that were deported.
----------
PREVENTION
----------
¶3. (SBU) The following responses are keyed to reftel
paragraph No. 28.
-- A. Does the government acknowledge that trafficking is a
problem in the country?
The UAEG acknowledges that trafficking in persons is a
problem, but fails to acknowledge the scope and magnitude of
the problem. UAEG senior leaders have noted a number of
times that this global crime must be addressed for
humanitarian as well as national security reasons. UAEG
officials recognize that a failure to attack any type of
ABU DHABI 00000368 008.2 OF 020
organized crime opens the country to organized crime in other
areas, such as drugs or weapons.
Despite the UAEG acknowledgment that trafficking is a
problem, many officials fail to recognize it in practice. In
conversations with police officials ranging from street-level
officers to senior Human Rights officials within the Dubai
Police, the USG's concept of trafficking is apparently
difficult for them to understand, and not generally accepted.
One senior MoI official disputed the 2006 TIP report
estimate of a possible 10,000 sex trafficking victims stating
that they had looked into the issue and had only been able to
identify "a handful." If victims enter the country
voluntarily with the intent to break the law, law enforcement
authorities do not recognize them as being trafficking
victims regardless of what happened to them upon arrival.
Similarly, they generally do not identify any unskilled
laborers as trafficking victims if they are over the age of
18 and entered the country voluntarily or have a valid labor
contract. Embassy and consulate representatives have
repeatedly been told by police officials that any problem
with laborers is an issue for the Ministry of Labor to
address, and not a law enforcement problem.
-- B. Which government agencies are involved in
anti-trafficking efforts and which agency, if any, has the
lead?
Both federal ministries and local emirate departments are
involved in anti-trafficking efforts. On the federal level,
the Ministries of Interior, Foreign Affairs, Justice, Health,
and Labor are involved actively in anti-trafficking efforts.
On the local level, police and immigration departments,
public prosecution, and social services departments are also
involved. Police and other government officials have worked
more closely with members of the media to draw more public
attention to the problem. In December 2004, the government
transferred the federal TIP portfolio to the MoI from the MFA
with a Ministery of Justice heading the anti-trafficking
committee. The December 2006 anti-trafficking legislation
created a new anti-trafficking committee; it is unknown who
is on or leads that committee.
In Dubai, there does not seem to be a distinct lead agency.
Nominally it would be the police through Dubai Police,s
Human Rights Care Department and CID,s anti-trafficking
unit, although the Dubai Naturalization and Residency
Department (DNRD) is also involved in anti-trafficking,
including funding construction of planned shelters for
trafficked women.
-- C. Are there, or have there been, government-run
anti-trafficking information or education campaigns? Do
these campaigns target potential trafficking victims and/or
the demand for trafficking?
In 2005, a new Dubai labor committee announced the
establishment of a website and 24-hour labor complaint
hotline within the Dubai Police Department. Both the website
and hotline allowed domestic workers and laborers to lodge
complaints which would then be investigated expeditiously.
In order to make these mechanisms known to the labor
community, the committee launched a $540,000 public awareness
campaign including television and print ads in addition to
pamphlets and brochures delivered to worksites and airports.
-- D. Does the government support other programs to prevent
trafficking?
The UAEG does not directly support any other programs to
prevent trafficking. Indirectly, government ministries and
departments, charitable and other organizations funded by the
ABU DHABI 00000368 009.2 OF 020
Government and individual ruling family members are involved
in programs that help to prevent trafficking. Generous
charitable contributions and programs often are directed at
source countries and target assisting the populations
greatest at risk for becoming trafficking victims.
Within the UAE's borders, the 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.
Internal projects funded by the Red Crescent Authority
included 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.
-- E. 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
before they reach the UAE. The UAEG has a good working
relationship with the local branch of the UNDP. The Dubai
Human Rights Care Department has worked with a number of
source country and U.S.-based NGOs. The Abu Dhabi Police
College has worked with the International Organization for
Migration (IOM), Amnesty International, and Interpol to
develop its anti-TIP training program.
In close coordination with UNICEF, the government established
social support centers in the UAE and in source countries to
provide for the care and repatriation of children identified
as trafficking victims in the camel racing industry--more
than 1,069 children were repatriated between July 2005 and
March 2006. In December 2006, the UAE expanded the
assistance programs provided in source countries to allow all
former underage camel jockeys that had worked in the UAE to
receive assistance. These assistance programs include
medical and psychiatric care, and free education to former
victims, and will be paid for through a new $9 million grant
from the UAE. The services will be provided by UNICEF
through a contract that has been extended until May 2009.
-- F. Does it monitor immigration and emigration patterns
for evidence of trafficking? Do law enforcement agencies
screen for potential trafficking victims along borders?
The various departments of Immigration, Naturalization, and
Residency reportedly keep statistics on immigration and
emigration, and have identified patterns for evidence of
trafficking. In response to this information, the government
does not permit single women under 21 to enter the UAE unless
they have legitimate visas, and children from seven
identified source countries must have their own passports,
even though those countries may allow children to be endorsed
on a parent's passport.
Both federal and emirate-level immigration authorities are
responsible for controlling the influx of people at the
country's international airports. Immigration authorities
regularly conducted training to detect fraudulent documents,
ABU DHABI 00000368 010.2 OF 020
often used by trafficked persons, for arrival and departure
inspectors. 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 points of entry, especially if
there is suspicion of illegal activity. The UAE is erecting
a fence barrier that will run for roughly 525 miles along its
land borders with Oman and Saudi Arabia, in an effort to curb
land-based smugglers and illegal immigration.
In 2000, the MoI's Department of Naturalization and Residency
created a central operations room 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 iris recognition scans to add
biometrics identification information to its databases, to
better monitor migration and combat document fraud by
visitors and illegal immigrants, some of whom are trafficking
victims. Using this technology, UAE immigration authorities
have stopped over 30,000 potential illegal immigrants, some
of whom were likely trafficking victims. The database
contains approximately four million iris scan results,
including the results of over 300,000 illegal immigrants and
convicts who have been deported.
-- G. Is there a mechanism for coordination and
communication between various agencies, internal,
international, and multilateral on trafficking related
matters? Does the government have a trafficking in persons
working group or a task force? Does the government have a
trafficking in persons working group or single point of
contact? Does the government have an anti-corruption task
force?
The government coordinates its trafficking efforts through a
national committee set up specifically to address the
problem. The committee consists of members from various
ministries, and is headed by a national coordinator who is
currently the Director of International Affairs of the Abu
Dhabi Crown Prince's Court. There is no anti-corruption task
force, but several anti-corruption units have been
established within the Abu Dhabi police department.
-- H. Does the government have a national plan of action to
address trafficking in persons? Which agencies are involved
in developing it? Were NGOs consulted in the process? What
steps has the government taken to disseminate the plan?
The government has not adopted a national plan of action. A
standing national anti-trafficking committee develops and
coordinates all anti-trafficking efforts.
--------------------------------------------
INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------------------------------------
¶4. (SBU) The following responses are keyed to reftel
paragraph No. 29.
-- A. Does the country have a law specifically prohibiting
trafficking in persons? If not, under what law can
traffickers be prosecuted? Are these laws being used in
trafficking cases, and when taken together, adequately cover
the full scope of trafficking issues?
In December 2006, the UAEG enacted a comprehensive
anti-trafficking law that addresses all forms of trafficking
in persons. The law is sufficiently broad to cover the full
scope of trafficking cases if actively enforced. On March 1,
2007, the Dubai Attorney General referred a case to court
involving an Indian couple transiting from India through
Dubai to Paris with two unrelated Indian boys with forged
ABU DHABI 00000368 011.2 OF 020
passports. This will be the first case prosecuted under the
new legislation.
Justice Ministry officials state that prior to passage of the
new law in December that traffickers were prosecuted under
several penal laws, including: kidnapping; rape; sexual
abuse; sexual exploitation; immoral acts; exploitation of a
person for immoral acts; physical abuse; false imprisonment;
juvenile endangerment; forced labor; child labor; forced
prostitution; indecency; enticement, inducement or deceiving
a person 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. In all, no less than 10
different provisions of the Penal Code address trafficking
crimes relating to women and children.
-- B. What are the penalties for traffickers of people for
sexual exploitation?
Human trafficking for sexual exploitation carries a minimum
sentence of five-years in prison, and is extended to life in
prison if the victim is a female, a child, or is mentally
impaired; or if the perpetrator is a spouse, parent,
descendent, or guardian of the victim; if the perpetrator is
a public servant or member of an organized criminal group; or
if the act is committed with the use or threat of force,
violence, death, or physical or psychological torture. In
addition to penalties for trafficking, simple sexual
exploitation is punishable by a maximum of one year
imprisonment with a fine, and a minimum of two years
imprisonment if the victim is under the age of 18 or if the
person was lured into prostitution. If force, threat, or
fraud was used, then the maximum penalty is 10 years
imprisonment, increasing to a minimum of 10 years
imprisonment if the victim was under the age of 18. Any
individual who exploits another individual,s engagement in
sexual activity or prostitution can be imprisoned for a
maximum of five years. Non-citizens convicted are usually
deported following their prison sentence.
-- C. Punishment for Labor Trafficking Offenses: What are
the prescribed and imposed penalties for trafficking for
labor exploitation, such as forced or bonded labor and
involuntary servitude?
The crime of forcing a person to work is punishable by a
maximum of one-year imprisonment and/or a maximum fine of
$2,700 (AED 10,000). The maximum penalty for trafficking for
the purpose of owning, trading, or enslaving a woman or a
child, is life in prison. There are no laws that explicitly
criminalize labor practices such as contract switching or
seizing a laborer's passport in a manner that would result in
prison time. However, the anti-trafficking legislation is
sufficiently broad to cover labor recruiters/agents in both
the source and destination countries for these practices if
fraudulent labor practices are deemed to be trafficking. The
Labor Law does criminalize the use of fraudulent documents in
labor recruitment, with a maximum penalty of six-months in
prison and/or a maximum fine $6,800 (25,000 dirhams).
-- D. What are the penalties for rape or forcible assault?
How do they compare to the penalties for sex trafficking?
Sentencing for rape ranges from two years to capital
punishment, and may include lashing. The penalty for rape
that leads to the death of the victim or for rape with
extenuating circumstances is death. Penalties for sex
trafficking range from a minimum of five years to life in
prison depending on a variety of factors and circumstances of
both the victim and the perpetrator.
ABU DHABI 00000368 012.2 OF 020
-- E. Is prostitution legalized or decriminalized? Are the
activities of the brothel owner/operator, pimp, clients,
enforcers criminalized?
Prostitution is criminalized by law. The penalty for being a
prostitute is temporary imprisonment, and deportation if a
foreign national. The penalty for brothel operators or
owners is temporary imprisonment and the closing down of the
brothel. Pimps and clients can be sentenced to a maximum of
five years imprisonment. The law has only been partially
applied. Local police departments raided and closed parlors
and permanently cancelled the business owners' licenses. The
women employees were temporarily detained and then were
deported. The owners of the massage parlors, who may or may
not have been aware of what was going on behind the scenes,
were not deported or imprisoned; instead they were shamed and
&instructed8 by the government not to become involved in
the massage parlor business again.
-- F. Has the government prosecuted any cases against
traffickers? Does the government prosecute labor recruiters
who use knowingly fraudulent or deceptive offers or impose
inappropriately high or illegal fees. Does the government
prosecute employers or labor agents who confiscate workers'
passports, switch contracts or terms of employment without
the workers' consent, use physical or sexual abuse or the
threat of such abuse to keep workers in a state of service?
The government has not reported any prosecutions or
convictions of traffickers. Although the Ministry of Labor
imposed fines on labor agents/recruiters for fraudulent labor
practices, there were no reports of prosecution or
convictions for such acts. Physical and or sexual abuse of
laborers was prosecuted under the penal code as such, and was
not differentiated from any other case of either physical or
sexual abuse. As noted, on March 1, 2007, the Dubai Attorney
General referred a case to court for the first time under the
new anti-trafficking legislation. The case involves two
Indian perpetrators, and two Indian children.
The Embassy has requested data regarding prosecutions and
convictions of trafficking crimes and labor complaints for
several months preceding this report; the UAEG did not
respond. Since the government has provided such data in the
past--however incomplete--it is not evident that the
government is unable to provide the requested statistics.
-- G.
Is there any information or reports of who is behind the
trafficking? Are employment, travel, and tourism agencies
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?
IGO, NGO, and media reports, as well as UAEG and source
country officials, indicate that small, organized crime
syndicates, almost all of them originating from source
countries, were behind the great majority of human
trafficking cases to the UAE. The vast majority of the
victims of sex trafficking and their traffickers, are
believed to come from CIS countries. A less easily observed,
but numerically very significant component of the sexual
exploitation market involves women from Asia/India and Africa
whose clientele are often from the lower end of the economic
spectrum. Most traffickers are believed to be small-time
criminals with ties to corrupt officials in the home country.
Many women--whether trafficked or not--who come to Dubai for
prostitution, arrive on work visas. They hold legitimate
work visas with small shops, e.g., beauty parlors. The shop
owners have legitimate businesses and they also provide
ABU DHABI 00000368 013.2 OF 020
fronts for women. The local partner could very well be
ignorant that the business is being used as a front. Dubai
Naturalization and Residency Department (DNRD) has shut down
businesses that it determined were used as fronts for
prostitutes or trafficking. To stem the use of false
companies sponsoring women specifically for prostitution, all
new companies are now limited to only five work permit/visas
until after they establish themselves as legitimate companies
at which time they can apply for additional visas.
Travel agencies and tour companies appear to be another
significant means of bringing women to the UAE for
prostitution. DNRD has noticed that frequently one or two
women who travel to the UAE on an organized tour from the CIS
will not depart the country with the tour. A DNRD officer
said that the tour operators are probably unwitting and that
traffickers and facilitators have determined this to be a
good method for women to enter the UAE without being noticed
by UAE immigration officers. If DNRD,s statistics show that
specific tour operators or travel agencies are being used
they take action against them. The DNRD is now tracking
businesses and travel agencies more closely to determine if
they are being used as fronts for traffickers or free-lance
prostitutes. There were no reports of where the profits are
being channeled.
Labor trafficking for either domestic workers or unskilled
laborers is done primarily through large manpower agencies in
the source countries including various local representatives
in the UAE. There are no reports that indicate that
government officials are directly involved and there is no
evidence that indicates where the profits from trafficking
are being channeled other than in the cases of manpower
agencies and unskilled laborers.
-- H. Does the government actively investigate cases of
trafficking? Does the government use active investigative
techniques in trafficking in persons investigations? To what
extent 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 reported that they investigated
cases of trafficking in persons and assisted trafficking
victims, once cases were brought to their attention.
However, there is no indication that police regularly used
proactive law enforcement methods, such as sting operations
of places known to harbor potential trafficking victims, with
the exception of underage camel jockeys. Since July 2005,
MoI investigators and the Abu Dhabi police anti-infiltration
unit conducted raids on camel farms to check if underage
camel jockeys are still being trained and have not been sent
to the authorities. Trafficked women themselves are usually
the ones who approach the police to file complaints or
request assistance, or claim to have been trafficked when
arrested by the police and detained for engaging in sexual
activity.
The recently formed Anti-Trafficking Division, within the
Dubai Police Criminal Investigation Division, routinely uses
internationally accepted interview techniques to
differentiate trafficking victims from those who choose to
work in illegal activities. Labor complaints are not
routinely investigated by police authorities as crimes and
are instead referred to the Ministry of Labor for resolution.
Electronic surveillance and undercover operations are
permitted under UAE laws. Police officials often recommend
sentence mitigation for cooperating suspects and are not
prohibited from engaging in covert operations. However, due
ABU DHABI 00000368 014.3 OF 020
to restraints on properly trained and experienced law
enforcement staff, police take more of a reactive role in
investigating trafficking cases.
-- I. Does the government provide any specialized training
for government officials in how to recognize, investigate,
and prosecute instances of trafficking?
The UAEG has devoted time and resources to sensitizing law
enforcement and immigration officials on the subject of
trafficking in persons, as well as practical training
techniques to protect victims and prevent future trafficking
incidents. Abu Dhabi and Dubai police and the Ministries of
Interior, Health, and Justice have all held anti-TIP training
courses throughout the year.
The DNRD regularly offered training for arrival and 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 in
an effort to try to warn off potential trafficking victims,
as well as to inform victims where they can go to receive
assistance.
The Ministry of Justice 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 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).
UAEG senior leadership have asked the USG for training
information and opportunities that would 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.
-- J. Does the government cooperate with other governments
in the investigation and prosecution of trafficking cases?
UAEG officials stated, and several source country embassies
and consulates confirmed, that they cooperated to
investigate, care for, and repatriate trafficking victims,
and prevent future trafficking incidents. Officials,
primarily in law enforcement, reported that they also worked
with NGOs and IGOs on trafficking issues when cases were
brought to their attention.
MoI officials have indicated that they continue to work on
developing new channels with source country governments to
exchange information on organized crime, including
trafficking in persons.
-- K. Does the government extradite persons who are charged
with trafficking in other countries? Does the government
extradite its own nationals charged with such offenses?
The UAEG has extradition treaties with India, Sri Lanka,
Armenia, Canada (for drugs and money-laundering charges),
China, Saudi Arabia, Tunisia, Algeria, Morocco, Syria,
Somalia, Jordan and Egypt. In the past, the UAE has agreed
to extradite cases to and from countries with which the UAEG
does not have extradition treaties, but in practice has often
failed to do so. UAEG extradition of a UAE citizen to
another country is highly unlikely absent extremely
extenuating circumstances. For example, there was 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 country.
ABU DHABI 00000368 015.3 OF 020
The UAEG also has mutual legal assistance treaties (MLAT) in
criminal matters with a number of countries. In some cases,
mutual legal assistance was exchanged with countries with
which the UAEG did not have an MLAT.
-- L. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
Although there were no verified reports that government
officials were involved in trafficking, there is little doubt
that high-level officials in Dubai and other emirates have at
minimum turned a blind-eye to the problem. Police take
action against prostitution only when evidence for it is
incontrovertible, and are under instruction to err on the
side of caution if there is any chance a sexual encounter
could be other than commercial in nature. NGO, IGO, source
country and internet sources alleged that some lower-level
officials may look the other way as traffickers bring their
victims into the country. In one case in 2005, approximately
30 Chinese women working in massage parlors in Ras al-Khaimah
were arrested and deported for prostitution. The massage
parlors were shut down. The women had traveled on visitor
visas. It is inconceivable that the women from China could
find their way to Ras al-Khaimah without assistance,
suggesting that Chinese traffickers must have been involved;
it seems equally unlikely that the flow of female Chinese
"visitors" could have escaped the notice of government
officials entirely prior to the arrests being made. NGO
officials and human rights observers questioned the sincerity
of UAEG officials' political will to combat human trafficking
in light of the long-term lack of appreciable progress on the
issue and the importance of both foreign labor and
prostitution to the economy.
-- M. If government officials are involved in trafficking,
what steps has the government taken to end such participation?
There have been no credible or verifiable cases reported of
government officials directly 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.
-- N. If the country has an identified child sex tourism
problem (source or destination) how many foreign pedophiles
has the government prosecuted, deported/extradited to their
country of origin? Do the country's child sexual abuse laws
have extraterritorial coverage?
Although there have been a number of media, source country,
NGO and IGO reports that some teenage girls, almost all of
whom are trafficking victims, work as prostitutes in the UAE,
there have been no reliable reports of the UAE being a child
sex tourism destination. There have been no reports of
foreign pedophiles being prosecuted, deported or extradited
to their countries of origin. Child sexual abuse has
extraterritorial coverage only if either the victim or the
perpetrator are UAE citizens, and can be prosecuted once the
perpetrator returns to the UAE.
-- O. Has the government signed, ratified, or taken steps to
implement the following international instruments?
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
ABU DHABI 00000368 016.2 OF 020
Labor: The UAEG ratified ILO Convention 29 Concerning Forced
Labor on 27 May 1982, and 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 have
reported for more than a year 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.
--UN International Convention on the Elimination of All Forms
of Racial Discrimination (acceded 20 June 1974).
--Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) (ratified October 2004)
--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).
------------------------------------
PROTECTION AND ASSISTANCE TO VICTIMS
------------------------------------
¶5. (SBU) The following responses are keyed to reftel
paragraph No. 30.
-- A. Does the government assist victims? Does the
government have victim care and victim health care facilities?
The Government provides assistance and protection to victims,
including victims of trafficking in persons. Counseling
services are available in public hospitals. In 2005, the
government established a Social Support Center located
outside Abu Dhabi, for under age camel jockeys awaiting
repatriation, and signed an agreement with UNICEF to
coordinate the care and reintegration of the victims in their
home countries. On Dec. 17, 2006, the UAEG expanded the
UAE-UNICEF partnership to provide health care, education, and
ABU DHABI 00000368 017 OF 020
social services in the source countries to all children who
had worked in the UAE in the camel racing
industry--regardless of their status or location at the time
the jockey-ban was passed in 2005. This expansion was funded
with an allocation of $9 million (30 million dirham) and
extended services contracted through UNICEF through May 2009.
In Abu Dhabi emirate, victims of trafficking and/or abuse are
cared for in social support centers where they are provided
comprehensive physical and psycho-social services. The
government reports only a handful of trafficking
victims--other than former camel jockeys--have received
assistance at these centers. In Sharjah emirate, the Higher
Family Council provides equivalent services to victims. In
Dubai, the Dubai Police Human Rights Care Department, Victim
Assistance Unit, provides counseling, medical care, financial
assistance, assistance in acquiring travel documents, and
travel assistance home for trafficking victims. The
Anti-Trafficking Section of Dubai Police CID houses
trafficking victims in hotels instead of a shelter, but has
announced that a dedicated shelter is also under
construction. The UAE does not grant temporary or permanent
residency status to victims, nor does it relieve victims,
especially trafficked women, from being deported.
UAE Code of Criminal Procedures Articles 14 and 22 provide
legal assistance for victims.
Each Dubai police station is staffed with a human rights care
officer and a social worker/counselor from the Dubai Police
Human Rights Care Department.
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.
Post does not have statistics indicating how many victims
used any of the above services over the reporting year.
The Government permits a number of shelters for abused and/or
trafficked domestic workers to operate in the country. The
Embassies of the Philippines, Sri Lanka, and Indonesia all
sponsor such shelters. Additionally, one NGO-sponsored
women's shelter in Dubai, has received tacit approval from
the Government, and regularly receives referrals along with
accompanying financing from the Dubai Police Department.
-- 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 recognized
local NGOs, and works with foreign NGOs to provide assistance
to trafficking victims. Government authorities regularly
worked with source country NGOs to assist in the humane
repatriation of victims to their home countries. Beginning
in November 2004, UAEG authorities worked with Pakistani
human rights activist and NGO director Ansar Burney to help
rescue, care for, and repatriate child camel jockeys. In
2005, the government contracted with UNICEF to provide its
expertise as it established social support centers to
provided counseling, care, and repatriation services for any
ABU DHABI 00000368 018 OF 020
child (and their families) identified as a victim of
trafficking for use in the camel racing industry. A fund of
$2 million was originally established for these purposes, the
fund was increased by another $9 million in 2006 in order to
extend services through 2009 and broaden the scope of
potential aid recipients.
-- C. Do the government's law enforcement and social
services personnel have a formal system of identifying
victims of trafficking among high-risk persons with whom they
come in contact? Is there a referral process in place, when
appropriate, to transfer victims detained, arrested, or
placed in protective custody by law enforcement authorities
to NGOs that provide either long or short-term care?
Immigration authorities claim to have screening criteria in
place to help identify victims prior to their entry into the
UAE. These measures are primarily designed to screen for sex
workers. Immigration authorities also monitor and screen for
valid family relationships for both women and children
arriving at international airports. Children are usually
required to be accompanied by parents or immediate family
members, and single women under the age of twenty-five are
often expected to be accompanied by an adult male family
member. Dubai Police report that they have a screening
process in place for victims who come to the HRCD. Women who
claim they are victims of sex trafficking and are willing to
cooperate with the police are housed in hotels at police
expense until after the trial(s) of the trafficker(s) are
complete. They are under police protection while they remain
in Dubai. There are no apparent formal mechanisms to
identify women who are trafficked as domestic workers or men
as bonded laborers at the point of entry or at police
stations.
-- D. Are the rights of victims respected, or are victims
also treated as criminals? Are victims detained, jailed, or
deported? Are victims prosecuted for violations of other
laws, such as those governing immigration or prostitution?
Rights of victims are generally respected, once and if they
are identified as victims. There were NGO, IGO, and source
country reports, however, of cases where victims were never
identified as such, and were treated as criminals.
Individuals identified as victims receive assistance,
including medical care and counseling, and those who agree to
testify against their traffickers are afforded housing,
employment opportunities, and any other care required.
However, police reported that in most cases, victims choose
to be immediately repatriated to their home countries rather
than stand up to their traffickers. In cases where the
victims chose to testify, Dubai Police report that the
victims were prosecuted. After the trial the Dubai police
also paid for their repatriation.
Dubai police will not waive prosecution for women who might
become victims of trafficking after entering the UAE on their
own volition for prostitution. The police position appears
to be that if a person entered the country for prostitution
and violated the immigration laws, why should prosecution be
waived only because they were victimized after a year or two
in country? Dubai Police officials stated that they believe
that women often claim to be trafficking victims as a means
of avoiding prosecution for breaking the law.
-- E. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? Does anyone
impede victims' access to legal redress?
Law enforcement officials report that they advise victims of
their rights and encourage witness testimony, especially in
cases of sexual abuse and trafficking in persons, where
ABU DHABI 00000368 019 OF 020
victims may be reluctant to speak out. Police will assist
victims who choose to stay in the UAE during court
proceedings with locating appropriate housing and temporary
employment opportunities.
Before or during a criminal trial, a victim may claim
financial compensation, or "diya," which can be granted as
part of a 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. The Dubai Police HRCD in coordination with CID
attempts to get women who they believe are victims of
trafficking to assist in investigations and prosecutions. As
stated earlier, in Dubai, victims are housed in hotels, not
prosecuted, and returned home at government expense if they
participate in the prosecution of the traffickers.
Victims of labor trafficking are referred to the Ministry of
Labor to file a complaint through formal labor resolution
channels; this does not apply to domestic workers who are not
covered under the labor law. Domestic workers may file
criminal complaints for abuse, or may seek Ministry of
Interior assistance in changing sponsors. Source country
labor attaches reported that domestic workers seldom filed
civil cases against abusers, and were content to simply
change sponsors or return home. There were no reports of
victims having their access to the courts blocked or
discouraged by government officials.
-- F. What kind of protection is the government able to
provide for victims and witnesses? Does it provide these
protections in practice? What type of shelter services does
the government provide?
The government is able to provide protections for victims and
witnesses, and does provide these protections in practice to
those it identifies as trafficking victims.
UAE Code of Criminal Procedures Articles 14 and 22 provide
for legal assistance for victims.
Authorities have worked with NGOs and source country
embassies and consulates to provide shelter for trafficking
victims. Police departments claim to provide shelter
facilities for victims separate and apart from jail
facilities, and have also arranged for shelter in hotels. The
UAEG does not operate a safe house system. Post is not aware
of how much money the UAEG spent on sheltering victims over
the reporting year.
-- G. Does the government provide any specialized training
for government officials in recognizing trafficking and in
the provision of assistance to trafficked victims? Does the
government provide training on protection and assistance to
its embassies and consulates in foreign countries that are
destination or transit countries?
The UAEG has implemented programs to sensitize law
enforcement and immigration officials on the subject of
trafficking in persons, as well as practical training
techniques to protect victims and prevent future trafficking
incidents. Abu Dhabi and Dubai police and the Ministries of
Interior, Health, and Justice have all held anti-TIP training
courses throughout the year.
The Ministry of Justice 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 on the following
topics: human rights (14 hours); sexual offenses (20 hours);
offenses against life (20 hours); immigration offenses (20
ABU DHABI 00000368 020 OF 020
hours); juvenile protection and delinquency (30 hours); labor
violations and offenses (12 hours).
The UAEG senior leadership repeatedly asked the USG for
training information and opportunities that would 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.
Post is unaware of any specific UAEG-provided training on
protection and assistance for staff members located in source
countries. In discussions with the Dubai Police HRCD
concerning training, the Dubai Police said that there was no
appropriate training for officers in HRCD concerning
trafficking. The police asked if the USG could provide
training, and seemed genuinely eager for such training. DNRD
and police in Dubai and other emirates have said that they
are trying to pressure states in Central Asia to interdict
women, trafficked or not, who are traveling to the UAE for
prostitution. Dubai police officers have asked if the USG
could also pressure the countries.
-- H. Does the government provide assistance, such as
medical aid, shelter, or financial help, to its repatriated
nationals who are victims of trafficking?
There were 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 were victims of
trafficking, if such a situation were to occur.
-- I. Which international organizations or NGOs work with
trafficking victims?
The Government cooperates and coordinates with NGOs and IGOs
in providing assistance to trafficking victims, as cases come
to their attention. Some examples are the UNICEF,
Pakistan-based Ansar Burney International Welfare Trust, the
Bangladesh National Women's Lawyers Association, the IOM, The
Protection Project, and others including small source country
NGOs.
-------------------------
OMB Reporting Requirement
-------------------------
¶6. (U) OMB Reporting Requirements: One FS-03 officer spent
approximately 100 hours preparing for and writing the report.
One FS-03 officer spent approximately 3 hours reviewing and
clearing the report. One FS-01 officer spent approximately
two hours reviewing and clearing the report. One FE-OC
officer spent approximately 2 reviewing and clearing the
report. One FE-MC officer spent 1 hour reviewing and
approving the report.
SISON